IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


lis  ^    ■■■ 

1^  m  12.2 

^   us.    12.0 


ik 


IL25  III  1.4 


1.6 


6" 


I' 


0^ 


H 


^ 


/ 


'i 


w 


/ 


"^ 


/Si 


FholDgFEiphic 

Sdmces 

Corporalion 


as  WIST  MAIN  STRUT 

WfBSTIR,N.Y.  I45M 

(716)  t7a-4S03 


V 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  MIcroreprodiictions  /  institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/IMotes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibMographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 
D 
D 


Coloured  covers/ 
Couverture  de  couleur 

Covers  damaged/ 
Couverture  endommag6e 

Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pelliculde 


[r~7|    Cover  title  missing/ 

vXJ    Le  titre  de  couverture  manque 


L'institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6td  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


□    Coloured  pages/ 
Pages  de  couleur 

I      I    Pages  damaged/ 


D 


Pages  endommagdes 

Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pellicul^es 


p^    Pages  discoloured,  stained  or  foxed/ 
l/\l    Pages  ddcolor^es,  tachet^es  ou  piqu6es 


I 


D 
D 


Coloured  maps/ 

Cartes  gdographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


D 
D 


Pages  detached/ 
Pages  d^tachdes 

Showthrough/ 
Transparence 


D 


Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 


D 


Quality  of  print  varies/ 
Quality  in^gale  de  I'impression 


D 


Bound  with  other  material/ 
Reiid  avec  d'autres  documents 


D 


Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 


D 


D 


D 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serrde  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoratiori  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  d'une  restauration  apparaissent  dans  le  texte. 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Commentaires  suppldmentaires: 


D 
D 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  cr  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  Item  is  filmed  at  the  reduction  ratio  checked  below/ 

Co  document  est  filmd  au  taux  de  reduction  indiqud  ci-dessous 

10X                             14X                             18X                            22X 

26X 

SOX 

Y 

i 

12X 

16X 

aox 

24X 

28X 

32X 

-nplaire 
Les  details 
iniques  du 
i/ent  modifier 
exiger  une 
B  de  filmage 


1/ 

9S 

xed/ 
piqudes 


1/ 
mtaire 


ed  by  errata 
filmed  to 

ement 

a,  une  pelure, 

ie  faqon  & 

t}le. 


)X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  Congress 
Photodupiication  Service 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  Illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —^(meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


1 

2 

3 

L'exemplaire  fiimd  fut  reproduit  grfice  A  la 
g6n6rosit6  de: 

Library  of  Congress 
Photodupiication  Service 

Les  images  suivantes  ont  6t6  reproduites  avec  ie 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettet6  de  l'exemplaire  fiimd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  ia  couverture  en 
papier  est  imprimis  sont  fiimis  en  commenpant 
par  Ie  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  Ie  second 
plat,  selon  Ie  cas.  Tous  les  autres  exemplaires 
originaux  sont  fiimis  en  commengant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  apparattra  sur  ia 
dernlAre  image  de  cheque  microfiche,  selon  Ie 
cas:  Ie  symbols  — ^  signifie  "A  SUiVRE",  Ie 
symbols  y  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmte  d  des  taux  de  rMuction  diff6rents. 
Lorsque  Ie  document  est  trop  grand  pour  fttre 
reproduit  en  un  seul  ciich6,  ii  est  fiim6  d  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  Ie  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  ia  m6thode. 


1 

2 

3 

4 

5 

6 

32X 


iP 


V 


All 


OSITIO 


Of  THtt  \^: 


CAUSES  AND  CHARACTER 


OF  THO 


.Wl 


LATE 


d 


^STWBEN  THE 


t'NITEO  STATES  AND  GREAT-BRITAIN. 


■  /// 


^ 


^^'^.■i;/  ^' 


"I  // 


X.-A- 


^y , 


»«« 


<.(!'• 


J 


HmDLEBURY,  (Vt.) 
vkitnw»  ASD  ruBtisBBD  bt  wiuiak  s&aiw,  ao». 

•••••MtjMMM 

Ji%4,18l5. 


ill 


ri^ac- ;^  " '    '-  ^''■>^IBC*r**|i^ 


'V.  ::2. 


liVTRODUCTION. 

I'be  following  "Exporftlon  of  the  Cauaes  and  Character  of  the  late  War,*' 
W»B  written  at  Washington  a  ihort  time  previous  to  the  arrival  of  the  news  of' 
peace.  It  has  been  publicly  attributed  to  the  pen  of  Mr,  Secretary  0&i,i.&s, 
and  may  be  considered  as  a  final  appeal  of  the  government  to  the  sound  senne  and 
patrio^tism  of  the  people.  Amid  the  tumult  of  party  passion,  which,  at  that  aw- 
ful period,  distracted  our  country,  this  "Exposition"  raised  only  the  voice  of 
reason,  and  aimed>only  to  present  a  clear  and  distinct  view  of  the  iauset  and 
chttraeter  of  the  War,  as  a  motive  for  wiiion  and  energy,  in  its  prosecution.  It 
contains  scarcely  the  slightest  allusion  even  to  the  existente  of  parties  in  thit 
country,  and  embraces  nothing  which  can  In  the  least  degree  wound  the  sen- 
aibilities  of  an  Amerkan  federalist. 

The  multiplied  and  aggravated  injuries  which  forced  us  into  the  contest,  Wt 
exhibited  with  a  clearness  and  force  which  must  iltlence  every  doubt  of  its  neces- 
sity and  justice. 

It  ii.  hoped  that  tlie  length  of  this  highly  interesting  state  paper  will  deter  n* 
0*e  from  a  patient  and  attentive  perusal.  It  is  a  production  which  we  do  not 
hefitate  to  pronounce  wnakswekablb  ;  and  which,  though  peace  hag  been  hap> 
pily  renored,  can  never  cease  to  be  in  the  bigbeet  degree  instructive  atad  intef 
^tirig  to  every  Avericaa* 

Aytmairfln. 


K 


^V^w.^  -  f  Tu ««i«<fMMF>J(r/rwA>*; 


1»> 


f 


EXPOSITION,  i^c. 


i„i 


rof  tbelote  War,^' 
ival  of  the  oewiof 
secretary  DalIiAS, 
the  sound  fenw  and 
,  which,  at  that  aw-> 
only  the  voice  of 
of  the  cause*  and 
its  prosecution.  It 
B  of  parties  in  tbi* 
ee  wound  the  sen* 

a  the  contest,  tr€ 
doubt  of  its  neces- 

taper  will  deter  n* 
n  which  we  do  not 
)eace  hag  been  hap*' 
ructive  and  iatec*' 


Whatkter  may  be  the  termination  of  tli«  begociations  at  Ghent, 
the  (lispatches  of  the  American  rommissioners,  which  have  been  com,- 
municatcd  by  the  President  of  tlie  United  States  to  the  Congress,  dut; 
Sng  the  present  session,  will  distinctly  unfold,  to  the  impartial  of  all  nar 
tions,  the  objects  and  dispositions  of  the  parties  to  the  present  war. 

The  United  States,  relieved  by  the  general  pacification  of  the  trea- 
ty of  Paris,  from  the  danger  of  actual  sufferance,  under  the  evils  which 
had  compelled  them  to  resort  to  arms,  have  avowed  their  readiness  to 
'  resume  the  relations  of  |)pace  and  amity  with  Great  Britain,  upon  the 
simple  and  single  condition  of  preserving  their  territory  and  their  sov-^' 
reignty  entire  and  unimpaired.  Their  desire  of  peace,  indeed,  "  upon 
terms  of  recijtrocity,  consistent  with  the  rights  of  both  parties,  as  sove- 
reigp.  and  independent  nations,"*  has  not,  at  any  time,  been  influenced 
by  the  provocations  of  an  unprecedented  course  of  hostilities ;  by  the 
incitements  of  a  successful  campaign ;  or  by  the  agitations  which  have 
seemed  again  to  threaten  the  tranquility  of  Europe. 

Kilt  th^  British  governmJKnt,  after  "  a  discussion  with  the  goyern> 
ment  of  America,  for  the  conciliatory  adjustment  of  the  differences  sub- 
sisting betwefn  the  two  states,  with  an  earnest  desire,  on  their  part  (as 
it  was  alledged)  to  bring  them  to  a  favorable  issue,  upon  principles  of 
a  perfect  recipuMsity,  not  inconsistent  witli  established  maxims,  of  pub- 
lic law,  and  with  thf;  maritime  rights  of,the  British  empire  ;"t  and  after ' 
"expretwly  disclaiming  any  intention  to  acquire  an  increase  of  territor 
ry,"f  have  perenjitorily  demanded,  as  the  price  of  peace,  concession^ 
calculated  merely  for  their  own  aggrandizement,  and  for  the'  humilia- 
tioa  of  their  adversary.  At  one  time,  they  proposed,  as  tlieir  sine  qxia 
rum,  a  stipulation,  that  the  Indians,  inhabiting  the  country  of  the  Uni- 
ted States,  within  the  limits  established  by  the  treaty  of  1 783,  should 
tie  included  as  the  allies  of  Great  Britain  (a  party  to  that  treaty)  in  the 
|)T<gected  pacification ;  and  that  definite  boundaries  should  be  settled 
(or  the  Indian  territory,  npon  a  basis,  which  would  have  operated  to 
surrender,  to  a  number  of  Indians,  not,  probably,  exceeding  a  few 
thousands,  the  rights  of  sovereignty,  as  well  as  of  soil,  over 
nearly  one  third  of  the  territorial  dominions  of  the  United  States 

*See  Mr.  Monroe's  tetter  to  lord  Castlerengh,  dated  January,  1814. 

tSee  lord  Cantlereagh's  letter  to  Mr.  Monroe,  dated  the  4tU  of  November  18t9t. 

;(See  the  Aoiericaa  dispatch,  dated  the  ISth  Augntt,  1814%  '~  ^ 


mm 


m 


S 


w\ 


-n 


inhabited  by  more  than  one  humlred  thousand  of  its  citizens.* 
And,  more  recently  (withdr.wing,  in  elTect,  that  |»ropo8ition)  they  have 
offered  tu  treat  on  the  basis  of  the  uii  possideik  ;  when,  by  the  opera- 
tions of  the  war,  they  had  obtained  the  military  possession  of  an  im- 
portant part  of  the  state  of  Massachusetts,  which,  it  was  linown  could 
never  be  the  subject  of  a  cession,  consistently  with  the  honor  and  faith 
of  the  American  government.!  Thus,  if  is  obvious,  that  Great  Brit- 
ain, neither  regarding  "the  principles  of  a  perfect  reciprocity,"  nor  the 
rule  of  her  own  practice  and  professions,  has  indulged  pretensions, 
which  could  only  be  heard,  in  order  to  be  rejected.  The  alternative, 
either  vindictively  to  protract  the  war,  or  honorably  to  end  it,  has  been 
fairly  given  to  her  option ;  but  she  wants  the  magnanimity  to  decide, 
while  her  apprehensions  are  awakened,  for  the  result  of  the  congress  at 
Vienna,  and  her  hopes  are  flattered,  by  the  schemes  of  conquest  in  A- 
merica. 

There  are  periods  in  the  transactions  of  every  country,  as  weU  as  iq 
the  life  of  every  individual,  when  self-examination  becomes  a  duty  of 
the  highest  moral  obligation;  when  the  government  of  a  free  people, 
driven  from  tlie  path  of  peace,  and  baffled  in  every  effort  to  regam  it, 
may  resort,  for  consolation,  to  the  conscious  rectitude  of  its  measures ; 
and  when  an  appeal  to  mankind  founded  upon  truth  and  justice,  cannot 
fail  to  engage  those  sympathies,  by  which  even  nations  are  led  to  par- 
ticipate in  the  fame  and  fortunes  of  each  other. The  United  States, 

under  these  in»pre88ions.  are  neither  insensible  to  the  advantages,  nor 
to  the  duties  of  their  peculiar  situation.  They  have  but  recently,  as  it 
were  established  their  independence ;  and  tTie  volume  of  their  national 
history  lies  open,  at  a  glance,  to  every  eye.  The  policy  of  their  gov- 
ernment, therefore,  whatever  it  has  been,  in  their  foreign  as  well  as  in 
their  domestic  relations,  it  is  impossible  to  conceal ;  and  it  must  b§  dif- 
ficult to  mistake.  If  the  assertion,  that  it  has  been  a  policy  to  preserve 
peace  and  amity  with  all  the  nations  of  the  world,  be  doubted,  the 
proofs  are  at  hand.  If  the  assertion,  that  it  has  been  a  policy  to  main- 
tain the  rights  of  the  United  States,  but,  at  the  same  time,  to  resfject 
the  rights  of  every  other  nation  be  doubted,  ^he  proofs  wdl  beexhily- 
ited.  If  the  assertion,  that  it  has  been  a  policy  to  act  impartiality  to- 
wards  the  belligerent  powers  of  Europe,  be  doubted,  the  proofs  will  be 
found  on  record,  even  in  the  archives  of  England  and  of  France.  And 
if,  in  fine  the  assertion,  that  it  has  been  made  a  policy  by  all  honorable, 
means,  to  cultivate  wiUi  Great  Britain,  those  sentiments  of  matml 
good  will,  which  naturally  belong  to  nations  connected  by  the  ties  of  « 

,«See  tlie  American  dispatches  dated  the  12th  and  19th  of  Augort,  1814  ;  the 
note  of  the  British  commissioners,  dated  the  19th  of  August,  18U  ;  the  note  of 
.he  American  commissioners,  dated  the  21st  of  August,  1814 ;  the  note  of  the 
British  commissioners,  dated  the  4th  of  September,  1814 ;  the  note  of  the  Amerw 
lean  commissioners  of  the  9th  of  September,  1814 ;  the  note  of  the  British  com. 
missioners,  dated  the  19th  of  September,  1814 ;  the  note  of  the  A«n«rican  com- 
missioners, dated  the  26th  of  September,  1814;  the  note  of  the  British  commi»- 
sioners,  dated  the  8th  of  October,  1814  ;  and  the  note  of  the  American  commii- 
eioners,  of  the  18th  of  October,  1814.  ....«,,.,  rt-.„i..-  AMk. 

tSee  the  note  of  the  British  commissioners,  dated  the  Slst  of  OPtofej' "**  • 
«he  note  of  the  American  commissioners,  dated  the  24th  of  Oetobcr,  1814 ;  an« 
the  note  of  the  British  commissioners,  dated  the  31st  of  October,  1 814. 


its  citizens.^ 
sition)  they  havo 

n,  by  the  opera- 
cBsion  of  an  ini' 
vas  known  could 
e  honor  and  faith 

that  Great  Brit* 

rocity,"  nor  the 
ged  pretenaions, 
The  alternative, 

end  it,  has  been 
limity  to  decide, 
>f  the  congress  at 
f  conquest  in  A- 

itry,  as  well  as  io 
ecomes  a  duty  of 
of  a  free  people, 
effort  to  regain  it, 
i  of  its  measures ; 
lul  justice,  cannot 
tns  are  led  to  par- 
[ie  United  States, 
IB  advantages,  nor 
but  recently,  as  it 
e  of  their  national 
ulicy  of  their  gov- 
reign  as  well  as  in 
and  it  must  bf  dif- 
policy  to  preserve 
,  be  doubted,  the 
I  a  policy  to  main- 
e  time,  to  resjiiect 
Nofs  will  beexhily- 
ct  impartiality  to- 
the  proofs  will  be 
I  of  France.  And 
'  by  all  honorable, 
iments  of  mntoal 
ed  by  the  ties  of  k 

Augnst,  1814 ;  Uw 
t,  1814  ;  the  note  d 
>14;  the  noteoftba 
e  note  of  the  Ameiv 
of  the  British  coin> 
the  American  com- 
the  British  commif- 
!  American  commit* 

t  of  Optober,  1814 : 
October,  1814;  an4 
tober,  1814. 


■■•'"'■■'^'-  k^l'soV^'^V'^'t-' 


iconimon  ancestry,  an  identity  of  languiige,  and  a  similarity  of  inanuersf 
be  doubted,  the  proofs  will  be  found  iu  tliat  patient  furbearunce,  under 
the  pressure  of  accumulating  wrongs,  which  marks  the  period  of  almost 
thirty  years,  that  elapsed  between  th«  peace  oi  1 783,  and  the  rupture  of 
18l£. 

'J*he  United  States  had  just  recovered,  under  the  auspices  of  their 
present  constitution,  from  tlie  debility  which  their  revolutionary  strug- 
gle hud  produced,  when  the  convulsive  movements  of  France  excited 
thoughout  the  civilized  world  the  mingled  scnsutioHS  of  hope  and  tear 
y/^t  adtpimticn  and  alarm.  The  interest .  w  hich  those  movements 
/would,  iu  themselves,  have  excited,  was  incalculably  increased,  how- 
'  ever,  as  soon  as  Great  britain  t)ecHme  a  party  to  the  first  memorable 
coalition  against  France,  and  assumed  the  character  of  a  iielligerent 
powerj  for  it  was  obvious,  that  the  distance  of  the  scene  would  no 
longer  exempt  the  United  Statfs  from  the  influence,  and  the  evils  of 
the  European  conflict.  On  the  one  hand,  their  government  was  con- 
nected with  France,  by  treaties  of  alliance  and  commerce ;  and  the  ser- 
vices which  that  nation  had  rendered  to  the  cause  of  American  inde- 
pendence, had  made  such  impressions  u|ion  the  public  mind,  as  no  vir- 
tuous statesman  could  rigidly  condemn,  and  the  most  rigorous  8tate»> 
man  would  have  sought  in  vain  to  efface.  On  the  other  hand.  Great 
Britain  leaving  the  treaty  of  1783  unexecuted,  forcibly  retained  the 
American  (losts  upon  the  northern  frontier;  and,  slighting  every  over- 
ture to  place  the  diplomatic  and  commercial  relations  of  the  two  coun-. 
tries,  u|)on  a  fair  and  friendly  foundation,'"'  seemed  to  contemplate  the 
success  of  the  American  revolution,  in  a  spirit  of  unextinguishable  an- 
imosity. Her  voice  had  indeed  been  heard  from  Quebec  and  Montre- 
al, instigating  the  savages  to  war.f  Her  invisible  arm  was  felt,  in  the 
defeats  of  General  Uarmer^  and  General  St.  Clair,)  and  even  the  vir* 
tory  of  General  Wayne||  was  achieved  in  the  presence  of  a  fort  which 
she  had  erected,  far  within  the  territorial  boundaries  of  the  United 
States,  to  stimulate  and  countenance  the  barbarities  of  the  Indian  war- 
rior.^ Yet  the  American  gavemment,  neither  yielding  to  popular 
feeling,  nor  acting  upon  the  impulse  of  national  resentment,  hastened 
io  adopt  the  policy  of  a  strict  and  steady  neutrality ;  and  solemnly  an- 
nounced that  policy  to  the  citizens  at  home,  and  to  the  nations  abroad, 
by  the  proclamation  of  the  22d  bf  April,  1793. — Whatever  may  have 
been  the  trials  of  its  pride,  and  of  its  fortitude ;  whatever  may  have 
been  the  imputations  upon  its  fidelity  and  its  honor,  it  will  be  demon- 
titrated  in  the  sequel,  that  the  American  government,  throughout  the 
European  contest,  and  amidst  all  the  changes  of  the  objects,  and  the 
piM^ties  that  have  been  involved  in  that  contest,  have  inflexibly  adher- 
ed to  the  principles  which  were  thus,  authoritively  established,  to  reg- 
tllate  the  conduct  of  the  United  States. 

*Be«  Mr.  Adams'  oorre«pondenee. 
t^e  the  ipeechrs  of  Lord  Dorchester. 

go  the  waters  of  the  Miami  of  the  laice,  on  tho  2l8t  Oct.  1790. 
t  Fort  Recovery,  on  the  4th  of  Nov.  1791. 
UOn  the  Miami  of  the  lalies,  in  August,  1794. 

9See  the  correipondence  between  Mr.  Randolpli,  the  Aniericaa  »«crefary  of 
|tate,  and  Mr.  Haounond,  the  British  p!enipoteiiti4ry,  dated  May  and  Juae,  179qi 


m 


,¥. 


!§.'  jV 


J^ 


'I '   I*'' 


trt- 


im 


-111, 


itt 


ltd 


^^Ml 


9 


I 


•1^ 


It  wag  rensonalile  to  expect  tliat  a  proclamation  of  neutrality,  'muuX 
uniler  the  circumatunces  wliicli  liave  Infen  ilescrihe*!,  would  commuid 
the  confidence  ami  respect  of  Great  Britain  hovtevcr  oflehBive  it  miglit 
prove  to  Frunce,  as  contraveuing,  essentially,  the  exposition  which  she 
was  anxious  to  bestow  on  the  treaties  of  commerce  am*  <^lliance.  But 
experience  has  shown,  that  the  confidence  and  res|)ect  of  Great  Britain 
arc  not  to  be  acquired,  by  such  acts  of  impartiality  and  independence. 
Under  every  administration  of  the  American  government,  the  experi- 
ment has  l)ecH  made,  and  the  ex|)eriment  has  l»cen  equally  unBucces>< 
ful :  for  it  was  not  more  effectually  ascertained  in  the  year  1812,  than 
■t  antecedent  periods,  that  an  exemption  from  the  maritime  usurpation, 
and  the  commercial  monopoly,  of  Great  Britain,  could  only  Ite  obtain- 
ed upoii  the  condition  of  becoming  an  associute,  in  her  enmities  and 
her  ware.  While  the  proclaniation  of  neutrality  wits  still  in  the  view 
of  the  British  minister,  an  order  of  the  8th  of  June,  1 793,  issued  fronv 
the  cal)inet,  l»y  virtue  of  which,  "all  vessels  loaded  wholly,  or  in  part, 
with  corn,  flour,  or  meal,  Iwund  to  any  port  in  France,  or  any  port  •«- 
Gupied  by  the  armies  of  France,"  were  required  to  l)e  carried,  forcibly 
into  England ;  and  the  cargoes  were  either  to  be  sold  there,  or  security 
■was  to  Ik.'  given,  that  they  should  only  be  sold  in  the  imrts  of  a  coun- 
try, iji  amity  with  his  Britannic  miyesty  *  The  moral  character  of  tin, 
avowed  design,  to  inflict  famine  upon  the  whole  of  the  French  people, 
was,  at  that  time  properly  estimated  throughout  the  civilized  world; 
and  so  glaring  an  infraction  of  neutral  rights,  aa  the  British  onler  was 
calculated  to  produce,  did  not  escape  the  severities,  of  diplomatic  ani- 
madversion and  remonstrance.-p-But  this  aggression  was  soon  followed 
by  another  of  a  more  hostile  cast.  In  the  war  of  1 750,  Great  Britain 
had  endeavored  to  establish  the  rule,  that  neutral  nations  were  not  en- 
titled to  enjoy  the  benefits  of  a  trade  with  the  colonies  of  a  belligerent 
power,  from  which,  in  the  season  of  peace,  they  were  excluded  by  the 
parent  state. — The  rule  stands  without  |H>sitjve  support  from  any  gen- 
eral auhtority  on  public  law.  If  it  be  true,  that  somie  treaties  contain 
stipulations,  by  which  the  parties  expressly  exclude  each  other  from 
the  commerce  of  their  respective  colonies :  and  if  it  be  true,  that  the 
ordinances  of  a  particular  state,  often  ftrovide  for  the  exclusive  ei\joy- 
raent  of  its  colonial  commerce ;  still  Great  Britain  cannqt  be. author- 
ised to  deduce  the  rule  of  the  war  of  1 756,  by  implication,  from  sucli 
treaties  and  such  ordinances,  while  it  is  not  true,  that  the  rule  forips  a 
part  of  the  law  of  nations;  nor  that  it  has  been  adopted  by  any  other 
government;  nor  that  even  Great  Britain  herself  has  uniformly  pracT 
ticed  upon  tiie  rule;  since  its  application  was  unknown  from  the  war 
of  1756,  until  the  French  war  of  1792,  including  the  entire  period  of- 
the  American  war.— Let  it  be,  argumentatively,  allowed,  however, 
that  Great  Britain  possessed  the  right,  as  well  as  tbe  power,  to  revive 
and  enforce  the  rule ;  yet,  the  time  and  the  manner  of  exercising  the 
power,  would  afford  ample  cause  for  reproach.  The  citizens  of  the 
I'^nited  States  had  openly  engaged  in  an  extensive  trade  with  the 
French  islands,  in  the  West  Indies,  ignorant  of  the  alledged  existence 

*Sce  (lie  orJer  in  council  of  the  8th  of  June,  1793,  and  the  remonstrance  of 

(Iip -A inerran  government,  , 


*'»<*tiit<.^-iA': 


:^^  *<j»«>%  ■■-f  lefeSjiy.. 


'  neutrality,  ihrugiI 
I,  would  coramiiitl 
ofTengive  it  miftlit 
)uaition  which  ihc 
a('  <^inance.  But 
ct  or  Great  Brilaia 
intl  independence, 
iment,  theex|i«ri- 
equally  unBUCcest* 
leyear  1812,  tliaa 
iriliine  usurpation, 
lid  only  Ite  oiitHin- 
lier  enmities  and 
8  still  in  the  view 
1703,  issued  Tronv 
wholly,  or  in  part, 
!e,  or  any  \H)tt  ««- 
le  carried,  forcibly 
I  there,  or  security 
i  ports  of  a  coun* 
ral  character  of  no, 
he  French  peo|tle, 
s  civilized  world; 
British  order  vas 
of  di[*loinritic  ani- 
was  soon  followed 
^50,  Great  Britain 
tiona  were  not  en- 
es  of  a  Itelligerent 
e  excluded  by  the 
)ort  froni  any  gen? 
fije  treaties  contain 
each  other  from 
;  be  true,  that  the 
s  exclusive  eiyoy- 
cannot  be  author- 
ication,  from  sucti 
it  the  rule  forrps  a 
pted  by  any  qlhey 
as  uniformly  praCT 
iwn  from  the  war 
le  entire  period  of- 
illowed,  however, 
!  power,  to  revive 
of  exercising  the 
he  citizens  of  the 
re  trade  with  the 
illedged  existence 

lie  remoDPtrance  of 


of  the  rule  ot  the  war  of  1 756,  or  unapprised  of  any  inteatlon  to  call  it 
Into  action,  when  the  onUr  of  the  Uth  of  November,  1 70^),  was  ailrntljr 
circulated  among  the  British  crulzen,  eonsigniuji;  to  legal  adjudication, 
"  all  vessels  loaden  with  goods,  the  produce  of  any  colony  of  France, 
or  carrying  provisions  or  supplies,  for  the  us  of  any  such  colony."*  A 
great  portion  of  the  commerce  of  the  United  Slatett  was  thus  annihila- 
ted at  a  blow  ;  the  amicable diB|K>sitions  of  the  eovcrnment  were  again 
disregarded  and  contemned,  the  sensibilify  of  the  nation  was  excited  to 
a  high  degree  of  resentment,  by  the  apparent  treachery  of  the  British 
order ;  ami  a  recourse  to  reprisals,  or  to  war,  for  indemnity  and  redress, 
teemed  to  be  unavoidable.  But  the  love  of  Justice  had  established  the 
law  of  neutrality ;  and  the  love  of  peace  taught  a  lesson  of  forljearance. 
The  American  government,  therefore,  rising  superior  to  the  provoca- 
tions and  the  passions  of  the  day,  instituted  a  special  mission,  to  re|>- 
resent  at  the  court  of  London,  the  ir\juries  and  the  indignities  which  it 
had  suffered ;  "  to  vindicate  its  rights  with  firmness,  and  to  cultivate 
peace  with  sincerity."!  The  immediate  result  of  this  mission,  was  a 
treaty  of  amity,  commerce,  and  navigation,  between  the  United  States 
and  Great  Britain,  which  was  signed  by  the  negociuturs  on  the  10th  of 
November,  1 704,  and  finally  ratified,  with  the  consent  of  the  senate^ 
in  the  year  1 705.  But  both  the  mission  and  its  result,  serve,  also,  todia- 
play  the  Independence  and  the  impartiality  of  the  American  govem- 
nent,  in  asserting  its  rights  and  peiforming  its  duties,  equally  unawed 
and  unbiassed  by  the  instruments  of  liclligcrcnt  |»ower,  or  persuasion. 

On  the  foundation  of  this  treaty  the  United  States,  in  a  pure  spirit  of 
good  faith  and  confidence,  raised  the  hope  and  the  expectation,  that  the 
maritime  usurpations  of  Great  Britain  would  cease  (o  annoy  them ;  that 
all  doubtful  claims  of  jurisdiction  would  Ite  suspended ;  and  that  even 
the  exercise  of  an  inconteslible  right  would  be  so  muditied,  as  to  pre- 
sent neither  insult,  nor  outrage,  nor  inconvenience,  to  their  flag,  or  tn 
their  commerce.  But  the  hope  and  the  expectation  of  the  United 
States  have  been  fatally  disappointed.  Some  relaxation  in  the  rigor, 
TTithout  any  alteration  in  the  principle,  of  the  ord^r  in  council  of  the 
0th  of  November,  1 703,  was  introduced  by  the  sulraequent  orders  of  the 
tth  of  January,  1704,  and  the  25th  of  January,  1  TOR :  but  from  the  rat- 
ification of  the  treaty  of  1704,  until  tlie  short  respite  afforded  by  the 
treaty  of  Amiens,  in  1802,  the  commerce  of  the  United  States  contin- 
ued to  be  the  prey  of  British  cruizers  and  privateers,  under  the  adjwii- 
eating  patronage  of  the  British  tribunals. — Another  erievance,  howev- 
er, assumed  at  this  epoch,  a  form  and  magnitude,  which  cast  a  shade 
Over  the  social  happinesii,  as  well  as  the  political  indeftendence  of  the 
nation.  The  merchant  vessels  of  the  United  States  were  arrested  on 
the  high  seas,  while  in  the  prosecution  of  distant  voyages;  considera- 
ble numbers  of  their  crews  were  impressed  into  the  naval  service  of 
Great  Britain ;  the  commercial  adventures  of  the  owners  were  often, 
<!onsequently,  defeated ;  and  the  loss  of  property,  the  embarrassments  of 
trade  and  navigation,  and  the  scene  of  domestic  affliction,  became  in*; 

•See  the  Britisli  orders  of  the  6tli  November,  1793. 

fHee  the  President's  raetaa^  to  tlie  Senate,  of  the  16th  of  April,  1794,  nomi> 
liatijsg  Mr.  Jay  as  envoy  extraordinary  to  his  Britannio  majesty, 


m  ■• 


4  J' 


I 


UiOiiiilii 


■A 


« 


*' 


tolerable.     ThU  grievance  (which  conttltutM  an  Itaporlant  BiirrivSna 
cnuM!  of  the  American  declHrntlon  of  war)  w..»  ewly,  and  has  bw-n  m- 
cciianily,  unred  npon  the  attention  of  the  KrltUh  government.     Even 
in  the  year  1 7«)2,  they  were  told  of  "  the  Irritation  that  it  had  excited ; 
and  of  the  difficulty  of  avoldhiR  to  make  Immetliate  reprisals  on  their 
8eam..n  in  the  United  Htate.."*      They  were  UM  "  that  so  many  In- 
stances  of  the  kind  had  hapiicneil,  that  It  was  quite  necessary  that  they- 
•hould  explain  themselves  on  the  subject,  and  1^  led  to  disavow  and 
uunish  such  violence,  which  had  never  been  experienced  from  any  oth- 
er  nallon."t      And  they  were  lohl  of  the  inconvenience  of  «uch  con- 
duct, and  of  the  ImpoBsibllity  of  letting  it  150  on,  so  ")«*">«»'"'•" 
ministry  should  be  made  sensible  of  the  necessity  of  |)unishlng  the  past, 
and  preventing  the  future."}— But  atter  the  treaty  of  amity,  commerce, 
and  navigation,  had  been  ratlfieil.the  nature  and  the  extent  of  the  grlev 
ancc  became  still  more  manifest;    and  it  was  clearly  and  Brm'y  P"" 
•ented  to  the  view  of  the  British  government,  n»  leading  »n«7\«« JJ 
todisconl  and  war  between  the  two  nations.      They  w^ere  told,     that 
unless  they  would  come  to  some  accoramo«latlon  which  might  ensure 
the  American  seamen  against  thlsoppression,  measures  wduld  be  Jikea 
to  cause  the  Inconvenience  to  be  equally  lelt  on  both  sides.  «      They 
were  told,  "that  the  Impressment  of  American  citizens,  to  serve  oil 
board  of  British  armed  vessels,  was  not  only  an  injury  to  the  unfortii. 
nate  indivldual8,butit  naturahy  excited  certain  emotions  in  the  breasts 
of  the  nation  to  Whom  they  belong,  and  the  just  and  humane  of  eveiy 
country;  and  that  an  expectation  was  in<>""K«»  t^^t  orclers  would  to 
gJien.  that  the  Americans  so  circumstanced  should  be  imn^^Ha^'y 
liberated,  and  that  the  British  officers  shotdd,  in  future,  abstain  from 
similar  vUnces.-ll      They  were  told,  "  that  ^^^ '^^^''^JZ'^  ""^ 
greater  importance  than  had  been  supposed  ;  and  that,  instead  of  a  few, 
and  those  n  many  instances  equivocal  cases,  the  American  muAster 
a  the  court  of  London  had.  in  nine  months  Tpart  of  t«»year.  1796  and 
1797)  made  applications  for  the  discharge  of  two  hundred  and  seventy- 
one  seamen  who  ha.l,  in  most  cases,  exhibited  such  evidence,  as  to  sat- 
isfv  him  that  they  were  real  Americans,  fore«l  into  the  Brit bh  service, 
aid  Jmevering.  generally,  in  refusing  pay  and  lK.unty.t     They  wenj 
told,  ••  that  if  the  British  government  had  any  regard  to  the  rights  of 
the  United  States,  any  respect  for  the  nation,  and  placed  any  value  oa 
their  friendship,  it  would  facilitate  the  means  of  relieving  their  oppress- 
ed citizens."**    They  were  told,  "  that  the  British  naval  officers  often 

~ls^  the  letter  of  Mr.  Jefiferion,  .ecrotary  of  state,  to  Mr.  Pinkaey,  minister 
at  London.datcd  lith  of  June,  nn.  .  .   ,  ,u-  lo.h  nf  Oct  1792. 

tSee  the  letter  from  the  same  to  the  wme,  ^«t«»  *^ -\^*V1  ma 
JSee  the  letter  from  the  same  to  the  same  dated  the^6Ui  Nov.  ™        .  ^ 

{See  the  letter  from  Mr.  Pinkney,  minister  at  London,  to  the  secretary  01 

^1^et:Vote'of''M7.^V\^^^^^^^  •'•ted  th. 

^fse"l"tfc  leuJ;  of  Mr.  King,  minister  at  London,  to  the  secretary  of  state,  da. 

''Mt'Z  r/ttfrfin/S r.*  Pickering,  secretary  if  state,  to  Mr.  Kiog,  minister 
at  London,  dated  tjie  lOthof  September,  1796. 


■■^<fei»e««*^.. 


iAiportmit  BiirTiving 
riy,  und  has  Itern  \n- 
{ovcrnmeiit.      Evea 
that  it  lind  eicited ; 
te  riipriaali  on  thi'ir 
d  "  that  so  many  ia- 
a«f  riiary  that  they- 
led  to  disavow  aud 
ienced  fruin  any  oth* 
eniencr  of  such  con- 
so  that  the  British 
of  punishing  the  pniit» 
or  amity,  commerce* 
le  extent  of  the  griev- 
tiirly  and  firmly  pre- 
leading  unavoidaMy 
hey  were  told,  "  that 
which  might  ensure 
isiires  would  be  taken 
)oth  8ides."«      They 
citizens,  to  serve  oil 
ir\)ury  to  the  unfortn- 
motions  in  the  breasts 
ind  humane  of  every 
that  orders  would  be 
ould  be  immediately 
I  future,  abstain  from 
i  subject  was  of  much 
I  that,  instead  of  a  few, 
9  American  minister 
of  the  years  17Q6nnd 
hundred  andseventy- 
ch  evidence,  as  to  sat- 
ito  the  British  serv  ice, 
ounly  J     They  were 
egard  to  the  rights  of 
1  placed  any  value  oa 
elieving  their  opprest- 
Ish  naval  officers  often 

9  Mr.  Pinkney,  minister 

2th  of  Oct.  1792. 

th  Nov.  1792. 

Ion,  to  the  aecretary  of 

ird  Orenville,  dated  the 
he  secretary  of  state,  da- 
te, to  Mr.  King,  miniiter 


'""■  ">*«-'•.-*■. ^r-«t''.ief/.«i*-^v 


linpi-es»«:d  Sw<'il<  1,  Dnni^t.  and  oIIut  forcijrncni,  from  tlio  ycshpIs  of  th*? 
Uniti'ii  States;  tli.it  (licy  might,  w  Ith  nit  much  rtMitoii,rol»  Amerit-itn  ves- 
M!|h  uf  the  projH'i'ly  or  ini'r>  liHiiili7.<>  of  riwriU-H,  Duiii'h, , mi  I'oitii^iHite, 
:iii  tirize  niiddi-taiii  in  tlicir  riivii-e,  (he  i^iilijerls  of  iIkihc  ti.iliftiiM  found 
«Mi  iinard  uf  Aininciin  MitHt'i;*;  iiiul  lliiit  llic  PriHiilnil  \>:im  «>xlr<'iiu'ly 
niixiuiis  to  iiu\«;  IIiIh  liiittiiiiMH  i>l  liii;ii'<««ing  [ilnefd on  ii  rcnsotiablo  fool- 
inn.""  Aiui  llu'y  wi'vn  (oIil,"lluit  tin;  iniiirpHitinctit  of  Anicricim  M-n- 
nitn  was  an  iiijiiiy  of  vory  ct-rioni  niagnitiHle,  which  «lri'|j|y  aHW'ttil  the 
fcclinuiH  and  luuior  of  llic  iiidion;  Dial  no  r'tf^Ut  liiitl  hicii  uMHi-rtctl  (n 
iniprcKB  lliu  nntivcj  of  Anioiica;  yd,  (hat  liicy  were  inijircHseit;  tlicy 
were  (lrai;s;e<l  on  iiimrd  Krilinh  b.li))m  «if  war,  with  tlu!  evidence  of  citi- 
/enHJiip  in  tiielr  hanili),  itiid  fun  .  il  liy  violence  lliere  to  serve,  until  eon- 
Mii'ive  teHliinoniaJD  of  their  liirtli  euuld  lie  olitained;  that  many  must 
perieh  unrelieved,  and  all  ^ero  detained  u  considerable  time,  in  law- 
less and  injurioim  conliiieineni ;  that  tlie  continuance  of  the  practice 
miiHt  inevitably  produce  disconl  lielweea  two  iialiuns  which  oui;ht  to 
be  friends  of  each  other;  and  tliat  it  wm  mure  ailvisahie  todesistfrom, 
and  to  take  eifeclual  measures  to  present  an  acknowledged  wrong,  than 
by  persevering  in  that  wrong,  to  excite  against  themselves  the  well- 
fuuntled  resentments  of  America,  an«l  force  llie  guvernnient  into  meas- 
ures, which  may  very  possibly  terminate  in  an  open  rupture"t 

Hncli  were  the  feelings  and  the  Hentinieiits  of  thr  American  govern- 
ment, under  every  change  uf  its  adminislrntion,  in  relation  to  the  Brit- 
ish practice  of  impressment ;  and  such  tlie  remonstrances  addressed  to 
the  justice  uf  Great  Britain.  It  is  obvious,  therefore,  tliat  this  cause,  in- 
dependent of  every  other,  has  been  uniformly  deemed  ajust  and  certain 
cause  of  war;  yet  the  characteristic  policy  of  the  United  Htntes  still 
prevailed ;  remonstrance  was  only  succeeded  by  negociation  ;  and  ev- 
evy  assertion  of  American  rigiils,  wae  accompanied  with  an  overture, 
to  secure,  in  any  practicable  form,  the  rights  uf  Great  Britain.:^  Time, 
secDH-d,  however,  to  reuder  it  more  difficult  to  ascertain  and  flx  the 
standard  of  the  British  rights,  according  to  tlie  succession  of  the  Brit- 
ish claims.  The  right  of  entering  and  searching  an  American  mer- 
chant ship,  for  the  purpose  of  impre»sment,  wa»,  for  n  while,  confined 
to  the  case  of  British  deserters ;  and  even  so  lute  as  the  month  of  Felj- 
ruary,  1800,  the  minister  of  his  Britannic  miyesty,  then  at  Philadel- 
phia, urged  the  American  government  "  to  take  into  consideration,  a* 
the  only  means  of  drying  up  every  source  of  complaint,  and  irritation, 
upon  that  head,  a  proposal  which  he  bad  made  two  years  before,  in  the 
niiineof  his  majesty's  government,  for  tlie  reciprocal  restitution , of  de- 
serters."]! But  this  project  of  a  treaty  was  then  deemed  inadmissible, 
by  the  President  of  the  United  States,  and  the  chief  officers  of  the  ex- 
ecutive departments  of  the  government,  whom  he  consulted,  for  the 

•  Pee  tlie  letter  from  the  same  to  the  same,  dated  the  26th  of  October,  1796. 

t  'ep  the  letter  from  Mr.  Marshajt,  secretary  of  stale,  Tnow  chief  justice  of  the 
tJnited  States,)  to  Mr.  King,  minister  at  London,  dated  the  20th  of  Sept.  1800. 

t  i^ee  particularly,  Mr.  King's  propositions  to  liord  Orenville,  and  Lord  Ha<ve»- 
buiy.  of  tlie  13th  April,  1T97,  the  tSth  of  March,  1799,  the  25th  of  February, 
1801,  fti.,1  in  July,  1808.   ■     ,. 

II  :-"ec  vfp.  Liston's  note  to  Mr.  Pickering,  tha  secretary  of  state,  dated  tli'^  -St^i 
of  February,  1800. 

B 


■-I     I. 


miii--B 


si "« 


4! 


10 


H' 


^ 


efttne  reason,  specifically,  which,  at  a  subsequent  period,  induced  the 
FrcBidenl  of  the  United  States,  to  withhold  his  approbation  Trom  the 
tri^-aty  ncgociated  by  the  American  ministers  at  London,  iu  the  year 
1 800 ;  namely  :  that  it  did  not  sufficiently  provide  against  the  im- 
pressment  of  Ajierican  seamen  ;"*  and  "  that  it  is  better  to  have  no 
article,  :md  to  meet  the  consequences,  than  not  to  enumerate  merchant 
vessels  on  the  high'seas,  among  the  things  not  to  be  forcibly  entered  in 
aearch  of  de8ertem.''t  But  the  British  claim,  expanding  with  singular 
elasticity,  was  soon  found  to  include  a  right  to  enter  American  vessels 
on  the  high  teas,  in  order  to  search  for  and  seize  all  British  seamen; 
it  next  embraced  the  case  of  every  British  subject ;  and  finally,  in  its 
practical  enforcement,  it  h><8  been  extended  to  every  mariner,  who 
could  not  prove,  u|H>n  the  spot,  that  he  was  a  citizen  of  the  United 
States. 

While  the  nature  of  the  British  claim  was  thus  ambiguous  and  fluc- 
tuating, the  principle  to  which  it  was  referred,  for  justification  and 
support,  appeared  to  be,  at  once,  arbitrary  and  illusory.  It  was  not 
recorded  in  any  positive  code  of  the  law  cf  nations ;  it  was  not  display- 
ed in  the  elementary  works  of  the  civilian ;  nor  had  it  ever  been  ex- 
emplified in  the  maritime  usages  of  any  other  country,  in  any  other  age. 
In  truth,  it  was  the  ofTspring  of  the  municipal  law  of  Great  Britain 
alone ;  equally  operative  in  a  time  of  peace,  and  in  a  time  of  war;  and, 
under  all  circumstances,  inflicting  a  coercive  jurisdiction,  upon  the 
commerce  and  navigation  of  the  world. 

For  the  legitimate  rights  of  the  belligerent  powers,  the  United  States 
Iiad  felt  and  evinced  a  sincere  and  open  respect.  Although  they  had 
marked  a  diversity  of  doctrine  among  the  most  celebrated  jurists,  upon 
many  of  the  litigated  points  of  the  law  of  war;  although  ttiey  had  for* 
merly  espoused,  with  the  example  of  the  most  powerful  government  of 
Europe,  the  principles  of  the  armed  neutrality,  which  were  established 
in  the  year  1 780,  upon  the  basis  of  the  memorable  declaration  of  the 
empress  of  all  the  Russias ;  and  although  the  principles  of  that  decia* 
ration  have  been  incorporated  into  all  their  public  treaties,  except  in 
the  instance  of  the  treaty  of  1704 ;  yet,  the  United  States,  Still  faith- 
ful to  the  pacific  and  impartial  policy  which  they  professed,  did  not  hes- 
itate, even  at  the  commencement  of  (he  French  revolutionary  war,  to 
accept  and  allow  the  exposition  of  the  law  of  nations,  as  it  was  then 
maintained  by  Great  Britain ;  and,  consequently,  to  admit,  upon  a 
much  contested  point,  that  the  property  of  her  enemy,  in  their  vessels^ 
might  be  lawfully  captured  as  prize  of  war.f  It  was,  also,  freely  ad- 
mitted, that  a  belligerent  power  had  a  ijght  with  proper  cautions,  to 

*  ^e*  tlie  opinion  of  Mr.  Piclcering,  secretary  of  state,  enclosing  the  plan  of  a 
treaty,  dated  the  9A  of  May,  1 800,  and  the  opinion  of  .Mr.  Wolcott,  secretary  of 
the  treasury,  dated  the  14th  of  Ap^^'l,  1800. 

t  ^ee  the  opinion  of  Mr.  ''toddart,  secretary  of  the  navy,  dated  the  Sfld  of  April, 
18V0,  and  the  opinion  of  Mr.  Lee,  attorney  general,  dated  the  26th  of  February, 
and  the  SOth  of  April,  IROO. 

f  Vee  the  correspondence  of  the  year  1793,  betwaen  Mr.  Jefferson,  secretary 
of  state,  and  the  ministers  of  Great  Britain  and  France,  ^ee  also  Mr.  Jeffer- 
son's letter  to  the  American  ministet  at  Paris,  of  the  same  year,  requesting  the 
recall  of  Mr.  Genetk 


■  u^ii  jii'J^^AiUM  Ui;M^'.&Mlvfe=«:^iUi-'  ' 


■^-'■.'  .v'"- -■J*T-'^-»*V 


sequent  period,  intluced  thd 
Did  his  approbation  from  the 
iters  at  London,  iu  the  year 
tly  provide  against  the  im* 
'■  that  it  is  better  to  have  no 
[1  not  to  enumerate  merchant 
I  not  to  be  forcibly  entered  in 
im,  expanding  with  singular 
It  to  enter  American  vessels 
nd  seize  all  British  seamen ; 
I  subject;  and  finally,  in  its 
ided  to  every  mariner,  who 
was  a  citizen  of  the  United 

ras  thus  ambiguous  and  flue- 
;ferred,  for  justification  and 
y  and  illus«ry.  It  was  not 
'  nations ;  it  was  not  display- 
n ;  nor  had  it  ever  been  ex- 
ler  country,  in  any  other  age. 
icipal  law  of  Great  Britain 
e,  and  in  a  time  of  war ;  and, 
reive  jurisdiction,  upon  the 

mt  powers,  the  United  States 
spect.  Although  they  had 
most  celebrated  jurists,  upon 
war;  although  Utey  had  for- 
(lost  powerful  government  of 
dity,  which  were  established 
lemorable  declaration  of  the 
the  principles  of  that  declai* 
>ir  public  treaties,  except  in 
he  United  States,  iiXll  faith- 
h  they  professed,  did  not  hes- 
r'rencb  revolutionary  war,  to 
tw  of  nations,  as  it  was  then 
lequently,  to  admit,  upon  a 
f  her  enemy,  in  their  Tessels^ 
r.|  It  was,  also,  freely  ad- 
ght  with  proper  cautions,  to 

of  state,  enclosing  the  plan  of  a 
ion  of  .Mr.  Wolcott,  secretary  of 

the  navy,  dated  the  2Sd  of  April, 
>ral,  dated  the  26th  of  February, 

tetwsen  Mr.  JeiTerson,  secretary 

France.      See  also  Mr.  Jeffer- 

)f  the  same  year,  requesting  the 


m 


n 


sil*'  ■*! 


<!nter  and  search  American  vessels,  for  the  goods  of  an  enemy,  and  for 
articles  cuntrabaml  of  war ;  that,  if  upon  a  se.irch  such  goods  or  articles 
were  found,  or  if,  in  the  course  of  the  search,  persons  iu  the  military 
service  of  the  eremy  were  discovered,  a  belligerent  had  a  right  of  tran- 
shipment and  removal ;  that  a  belligerent  had  a  right,  in  doubtful  cases, 
to  carry  American  vessels  to  a  convenient  station,  for  further  examina- 
tion; and  that  a  belligerent  had  a  right  to  exclude  American  vessels 
from  ports  and  places,  uiuler  the  blockade  of  an  adequate  naval  force. 
These  rights  the  law  of  nations  might,  reasonably,  be  deemed  to  sanc- 
tion ;  nor  has  a  fair  exercise  of  the  powers  necessary  for  the  ei\joyment 
«f  these  rights,  been,  at  any  time,  controverted,  or  opposed,  by  the 
.  American  government. 

But,  it  must  be  again  remarked,  that  the  claim  of  Great  Britain  was 
not  to  be  satisfied,  by  the  most  ample  and  explicit  recognition  of  the 
law  of  war;  for,  the  law  of  war  treats  only  of  the  relation»of  a  belli- 
gerent to  his  enemy,  while  the  claim  of  Great  Britain  embraced,  also, 
the  relations  between  a  sovereign  and  his  subjects.  It  was  said,  that  ev- 
ery British  subject  was  bound  by  a  tie  of  allegiance  to  his  sovereign, 
which  no  lapse  of  time,  no  change  of  place,  no  exigency  of  life,  could 
possiltly  weaken,  or  dissolve.  It  was  said,  that  the  British  sovereign 
was  entitled,  at  all  periods,  and  on  all  occasions,  to  the  services  of  his 
subjects.  And  it  was  said,  that  the  British  vessels  of  war  upon  the 
high  seas,  might  lawfully  and  forcibly  enter  the  merchant  vessels  of  ev- 
ery other  nation  (for  the  theory  of  these  pretensions  is  not  limited  to 
the  case  of  the  United  States,  although  that  case  has  been,  almost  ex- 
clusively, affected  by  their  practical  operation)  for  the  purpose  of  dis- 
covering and  impressing  British  subjects.*  The  United  States  pre- 
sume not  to  discuss  the  forms,  or  the  principles,  of  the  governments  es- 
tablished in  other  countries.  Enjoying  the  right  and  the  blessing  of 
self-government,  they  leave,  inplicitly  to  every  foreign  nation,  the 
choice  of  its  social  and  political  institutions.  But,  whatever  may  be 
(he  form,  or  th^  principle,  of  government,  it  is  an  universal  axiom  of 
public  law,  among  sovereign  and  independent  states,  that  every  nation 
is  bound  so  to  use  and  ei^oy  its  own  rights,  as  not  to  ij^jure,  or  destrojk 
the  rights  of  any  other  nation.  Say  then,  that  the  tie  of  allegiance 
cannot  be  severed,  or  relaxed,  as  respects  the  sovereign  and  the  sub- 
ject; and  say,  that  the  sovereign  is,  at  all  times,  entitled  to  the  services 
of  the  sulg'ect ;  still,  there  is  nothing  gained  in  support  of  the  British 
claim,  unless  it  tz:^,  also,  be  said,  that  the  British  sovereign  has  a  right 
to  seek  and  seize  his  sutgect,  while  actually  within  the  dominion,  or 
under  the  special  protection,  of  another  sovereign  state.  This  will  not, 
surely,  be  denominated  a  process  of  the  law  of  nations,  for  the  purpose 
■  of  enforcing  the  rights  of  war;  and  if  it  shall  be  tolerated  as  a  process 
of  the  municipal  law  of  Great  Britain,  for  the  purpose. of  enforcing  the 
right  of  the  sovereign  to  the  service  of  his  subjects,  there  is  no  princi- 
ple of  discrimination,  which  can  prevent  its  being  employed  in  peace, 
or  in  war,  with  all  the  attendant  abuses  of  force  and  fraud,  to  justify  the 
seizure  of  British  subjects  for  crimes,  or  for  debts;  and  the  seizure  of 
British  property,  for  any  cause  that  shall  be  arbitrarily  assigned.    Tht; 

9  See  the  British  declaration  of  the  10th  of  Jani^y,  1813> 


iB      ,     ':H 


i    * 


m 


J'' 


it  '» 


■>"■><' •^'- 


ts. 


l-l 


^  ^"M. 


;  - 


tiitroiliictioii  ol  ilH'se  tl('s;ra(Hii<!;  novt-Kit'K,  into  thomarit fine  cotlrofua- 
tioiif!,  it  lias  Ijet  II  the  aiduous^t  isk  oC  ll;f  American  f;ovf  inriuiil,  in  Iho 
onset  lo  oppose ;  ami  i(  rtsls  \\ilh  ..II  otlier  jioveriimeiJIs  to  »l<'clue, 
liow  fiir  their  Jionor  nntl  tiieir  intensiti  nsimi  l;e  evenlnitlly  iinplic'ttet], 
by  a  tacit  ac()uiesceiK-.o,  in  the  guccesKi;!'  uEurpalioiis  oi  llie  Hrillsli 
flag,  if  (lie  lielit  claimeil  by  Ort  l  Knt.iin  l.e,  intUeil,  common  to  all 
governments,  the  ocean  willexhii-it,  in  addition  to  its  many  other  j^er- 
ils,  ascene  of  everlastinfr  strii'i  'imI  conUntion  ;  !)iit  wlri  other  uov- 
ernment.  has  ever  claimed  or  e>.' :( is  <1  liu;  right  ?  Jf  t!ie  risht  shall  bo 
exclusively  established  as  a  tro;>i.;.  of  the  naval  superiority  of  Great 
Britain,  the  ocean,  which  lias  lieen  sometimes  emi'.hatically  denomina- 
ted, "  the  high-wny  of  nations,"  TNill  be  identiiicd,  in  the  occupancy 
and  use,  with  the  dcniiiiions  of  the  British  crown;  and  every  olhtfr  na- 
iion  must  enjoy  (he  liberty  of  passage,  upon  the  payment  of  a  tribute 
for  the  iiululgence  of  a  licence  :  but  what  nation  is  [trepared  for  this 
sacrifice  of  its  honor  and  its  interests?  And  if,  aficr  all,  the  right  bo 
)iow  asserted  (as  experience  too  plainly  indicates)  for  the  juirpose  of 
imposing  upon  the  United  States,  to  accommodate  the  British  mari- 
time policy,  a  new  and  oilious  limitation  of  the  sovereignty  and  inde 
pendeiice,  which  were  acquired  !)y  the  glorious  revolution  of  1776,  it  ie 
not  for  the  American  government  to  calculate  the  duration  of  a  war, 
thfil  shall  be  waged,  in  resistance  of  the  active  attempts  of  Great  Brit- 
ain, to  accomplish  her  project:  for,wherc  is  the  Aitierican  citizen,  who 
would  tolerate  a  day's  submis'sion,  to  the  vassalage  of  such  a  condition  2 
But  the  American  government  has  seen,  with  some  surprise,  the 
gloss,  which  the  prince  regent  of  Great  Britain,  in  his  declaration  of 
the  loth  of  January,  181.3,  has  condescended  to  bestow  ui»on  the  Brit- 
ish claim  of  a  right  to  impress  men,  on  board  of  the  merchant  vessels' 
of  other  nations;  and  the  retort,  which  he  has  ventured  to  make,  up- 
on the  conduct  of  the  United  States,  relative  to  the  controverted  doc- 
trines of  expatriation.  The  American  government,  like  every  other 
civilized  government,  avows  the  principle,  and  indulges  the  practice, 
of  naturalizing  foreigners.  In  Great  Britain,  and  through  the  conti- 
nent of  Europe,  the  laws  and  regulations  upon  the  subject,  are  not  ma- 
terially dissimilar,  when  compared  with  the  lawe  and  regulations  of  the 
United  States.  The  etfect,  however,  of  such  naturalization,  u|»on  the 
connexion,  which  (ireviously  subsisted,  between  tiie  naturalized  person, 
and  the  government  of  the  country  of  his  birth,  has  been  different  con- 
sidered, at  different  times,  and  in  different  places.  Still,  there  are  ma- 
ny respects,  in  which  a  diversity  of  opinion  does  not  exist,  and  cannot 
arise.  It  is  ai^reed,  on  all  hands,  that  an  act  of  naturalization  is  not  a 
violation  of  the  law  of  nations;  atad  that,  in  particular,  it  is  not  in 
itself  an  offence  against  the  government,  whose  subject  is  naturalized. 
It  is  agreed,  that  an  act  of  naturalization  creates,  between  the  parties, 
the  reciprocal  obligations  of  allegiance  and  protection.  It  is  agreed, 
that  while  a  naturalized  citizen  continues  within  the  territory  and  ju- 
risdiction of  his  adoptive  government,  he  cannot  be  pursued,  or  seized, 
or  restrained,  by  his  former  sovereign.  It  is  agreed,  that  a  naturalized 
citizen  whatever  may  be  thought  of  the  claims  of  the  sovereign  of  liis 
native  country,  cannot  lawfully  be  withdrawn  from  the  obligations  of 


maritime  cotloof  »a- 
1  fiovcmmtiil,  in  Iho 
;riim€  iJis  to  dfciuc, 
:'nliially  implicated, 
liijiia  oi  tiio  Hrilisli 
[(e<i,  common  to  ail 
its  many  oilitT  s  er- 
lut  \\h{  otiicr  uuv- 
Jf  the  right  shait  bn 
ujieriority  of  Gresii 
liiiticaliy  (lenoraina- 
,  ill  tlie  orciipancy 
nntl  every  otlitfr  nn- 
lyment  of  a  trihiife 
is  (trcpared  for  this 
icr  all,  the  right  lin 
I  for  the  juirpose  of 
B  tlie  IJritish  mari- 
vtrcisjnty  ami  indo 
)lutionof  1776,  itie 

duration  of  a  war, 
nipts  of  Great  I3rit- 
lerican  citizen,  who 
af  such  a  condition  2 
some  surprise,  the 
n  his  declaration  of 
itow  ujjon  the  Brit- 
e  merchant  vessel!: 
itured  to  make,  up- 
B  controverted  doc- 
jt,  like  every  other 
lulges  the  practice^ 
[  through  the  conti- 
subject,  are  not  ma- 
id regulations  of  the 
ralization,  ufion  the 
naturalized  person, 
I  been  different  con< 

Still,  there  are  ma- 
st eiUBt,  and  cannot 
uralization  is  not  a 
'ticular,  it  is  not  in 
ject  is  naturalized, 
etwecn  the  parties, 
tion.  It  is  agreed, 
le  territory  and  ju- 
>  pursued,  or  seized, 
,  that  a  naturalized 
he  sovereign  of  his 
I  the  obligations  of 


-J   ,':.^- 


fcia  conlraci  of  naturalization,  by  the  force  or  seduction  of  a  third  pow. 
«M.  Anil  it  is  Hsrreed,  that  no  sovereign  can  lawfully  inlcrft'rc,  to  thko 
from  the  strvico,  or  the  employment,  of  another  sovereign,  persons  who 
are  not  tbr  sulijecls  of  either  of  the  sovereigns  engaged  in  the  trans  !C« 
tion.  Beyond  tlie  [irinciples  of  these  accorded  proftositions,  what  hii ve 
the  United  Slates  done  tojustify  the  inr,)utation  of  "harboring  Hritish 
seamen  and  of  exercising  i-.n  assumed  right,  to  transfer  the  «llegian<;e 
of  Hritish  subjects?"*  Tlie  United  Stales  have,  Indeed,  insisted  upon 
the  right  of  navigating  the  ocean,  in  peace  and  saiety,  protecting  all 
that  is  covered  by  their  flag,  as  on  a.phtce  of  equal  ami  common  juris- 
diction to  all  nations ;  save  where  the  law  of  war  interposes  the  excep- 
tions of  visitation,  search  and  capture;  but,  in  doing  tiiis,  thiy  have 
•  done  HO  wnmg.  The  United  SUites,  in  [icrfcct  consistency,  it  is  be- 
lieved, with  the  practice  of  all  belligeri'iit  nations,  not  even  excepting 
Great  Britain  herself,  have,  indeed,  announced  a  determination,  since 
the  declaration  of  hostilities,  to  aflbrd  protection,  as  well  to  the  natur- 
alized, as  to  the  native  citizen,  whp,  giving  the  strongest  proofs  of  fidel- 
ity, should  be  taken  in  arms  by  the  enemy ;  and  the  British  cabinet 
well  know  that  this  determination  could  have  no  inQuence  upon  those 
councils  of  their  sovereign,  which  preceeded  and  produced  the  war. 
It  was  not,  then,  to  "  harlior  British  seamen,"  nor  to  "  transfer  the  al- 
legiance of  British  subjects ;"  nor  to  "  cancel  the  jurisdiction  of  their 
legitimate  sovereign,"  nor  to  vindicate  "  the  pretensions  that  acts  of 
naturalization,  and  certifiQatea  of  citizenship,  were  as  valid  out  of  their 
own  territory,  as  within  it;"t  that  the  United  States  have  asserted  the 
honor  and  the  privilege  of  their  flag,  by  the  force  of  reason  and  of  arms. 
But  it  was  to  resist  a  systematic  scheme  of  maritime  aggrandizement, 
which,  prescribing  to  every  other  nation  the  limits  of  a  territorial 
boundary,  claimed  for  Great  Britain  the  exclusive  dominion  of  the 
seas ;  and  which,  spurning  the  settled  principles  of  the  law  of  war,  con- 
demned the  ships  and  mariners  of  the  United  States,  to  suffer,  upon 
the  high  seas,-  and  virtually  within  the  jurisdiction  of  their  flag,  the 
most  rigorous  dispensation  of  the  British  municipal  code,  inflictetl  bf 
the  coarse  and  licentious  hand  of  a  British  press  gang. 

The  ityustice  of  the  British  claim,  and  the  cruelly  of  the  British 
practice,  have  tested,  for  a  series  of  years,  the  pride  and  the  patience  of 
the  American  government;  but,  still,  every  experiment  was  anxiously 
made,  to  avoid  the  last  resort  of  nations.  The  claim  of  Great  Britain. 
in  its  theory,  was  limited  to  the  right  of  seeking  and  impressing  its 
own  subjects,  on  board  of  the  merchant  vessels  of  the  United  States, 
although  in  fatal  experience,  it  has  been  extended  (as  already  appears) 
to  the  seizure  of  the  subjects  of  every  other  power,  sailing  under  a  vol- 
untary contract  with  the  American  merchant ;  to  the  seizure  of  the  nat'< 
uralized  citizens  of  the  United  States,  sailing,  also,  under  voluntary 
contracts,  which  every  foreigner,  independent  of  any  act  of  naturali- 
zation, is  at  liberty  to  form  in  evetry  country ;  and  even  to  the  seizure 
of  the  native  citizens  of  the  United  States,  sailing  on  board  the  shijis 
of  their  own  nation,  in  the  prosecution  of  a  lawful  commerce.     The 

*  See  the  British  declaration  of  the  10th  of  .Taniwry,  1813. 

t  See  thcfe  passages  in  the  British  ileclaiation,  of  t!)t>  tpth  January,  1 81 S. 


iili 


Mil  i^r 


lii. 


•^\J 


r 


ilJ    - 


ai! 


^^y\ 


m" 


i"  t>-- 


''W 


■     W'l 


Ml 


M 


excuse  for  whnt,  Ims  been  inifeel  jng;ly  termed  "  imrtial  mistaken,  and  oc* 
casional  abuse"*  when  fhe  right  of  impressment  was  practisetl  towards 
vessels  of  the  U.  States,  is,  in  the  words  of  the  prince  regent's  declara- 
tion, "  a  similarity  of  language  and  manners."  But  was  it  not  know  n, 
w  hen  this  excuse  was  offered  to  the  world,  that  the  Russian,  the  Swede, 
the  Dane,  and  the  German;  that  the  Frenchman,  the  Spaniarti,  and 
the  Portuguese ;  nay,  that  the  African  and  the  Asiatic ;  between  whom 
and  the  people  of  Great  Britain  there  exists  no  similarity  .of  language, 
manners  or  complexion;  had  been,  e(]ually  with  the, American eitizen 
and  the  British  Eulijcct,  the  victims  of  the  impress  tyranny  ?f  If,  how- 
ever, the  excuse  be  sincere,  if  the  real  object  of  the  impressment  he 
merely  to  secure  to  Great  Britain,  the  naval  services  of  her  own  sub- 
jects, and  not  to  man  her  fleets,  in  every  practicable  mode  of  enlistment, 
by  right,  nr  by  wrong ;  and  if  a  just  and  generous  government,  ))rofeBs- 
ing  mutual  friendship  and  respect,  may  be  presumed  to  prefer  the  acn 
complishment  even  of  a  legitimate  purpose,  by  mems  the  Iea»t  afflict- 
ing and  injurious  to  others,  why  have  the  overtures  of  the  United  States, 
offering  other  meanfe  as  effectual  as  impressment,  for  the  purfiose  avow-, 
ed,  to  the  consideration  and  acceptance  of  Great  Britain,  been  forever- 
eluded  nr  rejected  ?  It  has  been  offered,  that  the  number  of  men  to  be 
protected  by  an  American  vessel  should  be  limited  by  her  tonage;  that 
British  officers  should  be  permitted,  in  British  port,  to  enter  the  ves- 
sel in  order  to  ascertain  the  number  of  men  on  board ;  and  that,  in  case 
of  an  addition  to  her  crew,  the  British  subjects  enlisted  should  be  lia- 
ble to  impressment.!  It  was  offered  in  the  soleinn  form  of  a  law,  that 
the  American  seaman  should  be  registered;  that  they  should  he  pro- 
vided with  certificates  of  citizenship|(  and  that  the  roll  of  the  crew  of 
every  vessel  should  be  formally  authenticated.*  It  was  offered,  that 
no  refuge  or  protcction^should  be  given  to  deserters ;  but,  that,  on  the 
contrary,  they  should  be  surrendered.^  It  was  again  and  again  offer- 
ed to  concur  in  a  convention,  which  it  was  thought  practicalile  to  he 
formed,  and  which  shonid  settle  the  question  of  impressment,  in  a  man- 
ner that  would  be  safe  for  England,  and  satisfactory  to  the  United 
States.**  It  was  offered  that  each' party  should  prohibit  its  citizens  oe 
subjects  from  clandestinely  concealing  or  carrying  away,  from  the  ter- 
ritories or  colonies  of  the  other,  any  seamen  belonging  to  the  other  par- 
ty .ft     And,  conclusively,  it  has  been  offered  and  declared  by  law^^ 

*  See  the  British  declarotinn  of  the  10th  of  January,  181S.  , 
,  +  See  the  letter  of  Mr.  Pickering,  secretary  of  state,  to  Mr.  King,  minister  a\ 
Ijonilon,  of  the  26th  of  Ortobcr,  1T96  ;  and  the  letter  of  Mr.  Marshall,  secreta- 
ry of  state,  to  Mr.  King,  of  the  20th  of  Septennber,  1800. 

t  See  the  letter  of  Mr.  .lefferson,  secretary  of  state,  to  Mr.  PinVnejj,  minister 
at  London,  dated  the  llth  of  June,  1792,  and  the  letter  of  Mr.  Pickering,  secw- 
tary  of  state,  to  Mr.  King,  ralDister  at  London,  dated  the  8th  of  June,  1796. 

jl  See  the  act  of  Congress,  pMsed  the  28tb  of  May,  1796. 

i  See  the  letter  of  Mr.  Pickering,  secretary  of  state,  to  Mr.  King,  minister  at 
London,  dated  the  8th  of  June,  1796. 

IT  See  the  project  of  a  treaty  on  the  subject,  between  Mr.  Pickerirfg,  secretary 
of  state,  and  Mr.  Listen,  the  British  minister  at  Philadelphia,  in  the  year  1800. 

»»  See  tlie  letter  of  Mr.  King,  minister  at  London,  to  the  secretary  of  stat^ 
dated  the  15th  of  March,  1792.  ' 

tt  See  the  letter  of  Mr.  King  to  the  secretary  of  state,  dated  in  July,  I80S. 


mistaken,  and  oc« 
practisetl  townrda 
I  regent'8  declara- 
vas  it  not  known, 
issian,  the  Swede, 
he  Spanianl,  and 
;;  between  whom 
arity. or  language, 
American  ritizen 
ranny  ?f  If,  how- 
e  impressment  he 
s  of  her  own  sub- 
ode  of  enlistment, 
ernment,  profess- 
I  to  prefer  the  ac^ 
3  the  least  afflict- 
he  United  Htates, 
he  puqiose  avown 
tain,  been  forever, 
ber  of  men  to  be 
y  her  tonage ;  that 
to  enter  the  ves- 
:  and  that,  in  case 
ted  should  be  lia- 
)rm  of  a  law,  that 
ey  should  be  pro- 
oil  of  the  crew  of 
was  ofiFered,  that 
but,  that,  on  the 
n  and  again  offer- 
practicable  to  he 
sssment,  in  a  man- 
)ry  to  the  United 
ibit  its  citizens  OF 
vay,  from  the  ter- 
g  to  the  other  par- 
declared  by  law,^ 

[r.  King,  minister  r^ 
.  Marsbali,  sccreta- 

'.  PinVney,  ministei^ 
Ir.  Pickering,  fiecw 
li  uf  June,  1796. 

r.  King,  minister  at 

Pickerirfg,  secretary 
s,  in  the  year  1800. 
e  secretary  of  stat^ 

ed  in  July,  I80S. 


that  "after  the  termination  of  the  present  war,  it  sliould  not  be  lawful 
to  employ  un  boHvti  of  any  of  the  public  or  private  vessels  uf  the  United 
States,  any  persons  exce])t  citizens  of  the  United  States  ;  and  that  no 
foreigner  should  l^e  admitted  to  become  a  citizen — hereafter,  who  had 
not  fur  the  continued  term  of  five  years,  resided  within  the  Lnited 
States,  without  being,  at  any  time,  during  the  live  ycar^,  out  of  the  ter- 
ritories uf  the  United  States."* 

It  is  manifest  then  that  such  provision  might  be  made  by  law;  and 
that  such  provision  has  been  repeatedly  and  urgently  pniposed ;  as 
would,  in  all  future  times,  exclude  from  the  maritime  service  of  the  Uni- 
ted States,  both  in  public  and  in  private  vessels,  every  person,  who 
could,  {MMsibly,  be  claimed  by  Great  Britain,  as  a  native  subject,  wheth- 
er he  had,  or  had  not,  been  naturalized  in  America.t  Enforced  by 
the  same  sanctions  and  securities,  which  are  employed  to  enforce  the 
penal  code  of  Great  Britain,  as  well  as  the  penal  code  of  the  United 
States,  the  provision  would  afford  the  strongest  evidence,  that  no  Brit- 
ish subject  could  be  found  in  service  on  board  of  an  American  vessel ; 
und,  consequently,  whatever  might  be  the  British  right  of  impressment, 
in  the  abstract,  there  would  remain  no  justifiable  motive,  there  could 
bardly  be  invented  a  plausible  pretext,  to  exercise  it,  at  the  expense  of 
the  American  right  of  lawful  commerce.  If,  too,  as  it  has  sometimes 
been  insinuated,  there  would,  nevertheless,  be  room  for  frauds  and  eva- 
sions, it  is  sufficient  to  observe,  that  the  American  government  would 
always  be  ready  to  hear,  and  to  redress,  every  just  complaint;  or,  if 
redress  were  sought  and  refused,  (a  preliminary  course,  that  ought  nev- 
er to  have  been  omitted,  but  which  Great  Britain  has  never  pursued)  it 
"would  still  be  in  the  power  of  the  British  government  to  resort  to  it« 
own  force,  by  acts  equivalent  to  war,  for  the  reparation  of  its  wrongs. 
But  Great  Britain  has,  unhappily,  perceived  in  the  acceptance  of  the 
overtures  of  the  American  government,  consequences  injurious  to  her 
maritime  policy ;  and,  therefore,  withholds  it  at  the  expense  of  her 
justice.  She  perceives,  perhaps,  a  loss  of  the  American  nursery  for 
her  seamen,  while  she  is  at  peace;  a  loss  of  the  service  of  American 
crews,  while  she  is  at  war;  and  a  loss  of  many  of  those  opportunities, 
which  have  enabled  her  to  enrich  her  navy,  by  the  spoils  of  the  Amer- 
ican commerce,  without  exposing  her  own  commerce  to  the  risk  of  re- 
taliation or  reprisals. 

Thus,  were  the  United  Stales,  in  a  season  of  reputetl  peace,  involv- 
^  ed  in  the  evils  of  a  state  of  war— and  thus,  was  the  American  flag  an- 
noyed by  a  natittn  still  professing  to  cherish  the  sentiments  of  mutual 
friendship  and  respect,  which  had  been  recently  vouched,  by  the  faith 
of  a  solenin  treaty.  But  the  American  government  even  yet  abstain- 
ed from  vindicating  its  rights,  and  from  avenging  its  wrongs,  by  an  ap- 
peal to  arms.  It  was  not  an  insensibility  to  those  wrongs ;  nor  a  dread 
of  British  power;  nor  a  subserviency  to  British  interests,  that  prevail- 
ed, at  that  period,  in  the  councils  of  the  United  States ;    but,  under  all 

•  See  the  act  of  Congreis,  passed  on  the  Sd  of  March,  t815. 

t  See  the  letter  of  instructions  from  Mr.  Monroe,  secretary  of  state,  to  the  plen- 
ipotentiaries for  treating  of  peace  with  Great  Britain,  under  thfi  mediatioa  cf  tb; 
«»Ii«r»r  Altsander,  dated  the  J5th  of  April,  i81.\  i 


1 H     k- 


m 


M.r.,_... 


i*#i 


.  .-wui^fcamw 


mmmmmn'^m^ 


■    16 

trials,  f!ip  Air.i'rican  government  absluined  from  the  appeal  lo  arir,r 
llu-n,  Ha  it  hu..  reiteatfiHy  since  done,  in  its  collisions  willi  France,  ae 
uell  ns  wiUiUi-eal  Britain,  from  the  purtat  love  of  peace,  while  peace 
could  he  rendered  compatible  with  the  honor  antl  independence  of  the 
nation. 

During  the  period  which  has  hitherto  been  more  parliculnrly  con- 
templated (from  the  tleclaration  of  Ijoslilities  betwerri  Great  Britain  and 
Prance  in  the  year  1702,  until  the  short-lived  pacification  of  the  treaty 
of  Amiens  in  1802)  there  were  not  wanting  occasions,  to  test  the  cor. 
sistency  and  jlu  impartiality  of  the  American  government,  by  a 
comparison  of  its  ndiict  towards  Great  Britain,  with  its  comiuct 
towards  other  nations.  The  manifestation  of  the  extreme  jeal- 
ousy of  the  French  government,  and  of  the  intemperate  zeal  of 
its  ministers  near  the  United  States,  were  coeval  with  the  proc- 
lamation ef  neutrality;  but  after  the  ratification  of  the  treaty  of 
London,  the  scene  of  violence,  spoliation,  and  contumely,  opened 
by  France,  upon  the  United  Htates,  became  such,  as  to  admit,  |)er- 
haps,  of  no  parallel,  except  in  the  colemporaneous  scenes  which 
were  exhibited  by  the  iiyusticc  of  her  great  competitor.  The  Ameri- 
can government  acted,  in  both  cases,  on  the  same  pacific  policy  ;  in 
the  same  spirit  of  patience  and  forbearance;  but  with  the  same  deter- 
mination also,  to  assert  the  honor  and  independence  of  the  nation. 
When,  therefore,  every  conciliatory  cflbrt  had  failed,  and  when  two 
successive  missions  of  peace  had  been  contemptuously  repulsed,  the 
American  (government,  in  the  year  1 798,  annuled  its  treaties  with 
France,  and  waged  a  maritime  war  against  that  nation,  for  the  defence 
pf  its  citizens  and  of  its  commerce,  passing  on  the  high  seas.  But  as 
soon  as  the  hope  was  conceived,  of  a  satisfactory  change  in  the  dispo- 
sitions of  the  French  government,  the  American  government  hastened 
to  send  another  mission  to  Fivmce  ;  and  a  convention,  signed  in  the 
year  1 800,  terminated  the  subsisting  dilferences  between  the  two  coun- 
tries. 

Nor  were  the  United  States  able,  during  the  same  period,  to  avoid  a 
collision  with  the  government  of  Spain,  upon  any  important  and  criti- 
cal questions  of  boundary  and  commerce;  of  Indian  warfare  and  mari- 
time spoliation.  Preserving,  however,  their  system  of  moderation,  in 
the  assertion  of  their  rights,  a  course  of  amicable  discussion  and  ex- 
planation, produced  mutual  satisfaction;  and  a  treaty  of  friendship, 
limits,  and  navigation  was  formed  in  the  year  1795,  by  which  the  citi- 
zens of  the  United  States  acquired  a  right,  for  the  space  of  three  years, 
to  deposit  their  merchandize  and  eftVcts  in  the  port  of  New-Orleans; 
with  a  promise,  eiUier  that  the  enjoyment  of  that  right  should  be  inde- 
finely  continued,  or  that  anotlier  part  of  the  banks  of  the  Mississippi 
should  be  assigne<)  for  an  equivalent  establishment.  But,  when,  in  the 
jrear  1802,  the  |»ort  of  New-Orleans  was  abruptly  closed  against  the  cit- 
izens of  the  United  States,  without  an  assignment  of  any  other  e<]uiv«- 
lent  place  of  deposit,  the  harmony  of  the  two  countries  was  again  most 
seriously  endangered ;  until  the  Spanish  government,  yielding  to  the 
remonstrances  of  the  United  States,  disavowed  the  act  of  the  intendant 
of  New-Orleans,  and  ordered  the  right  of  deposit  to  be  reinstated,  on 
the  terms  of  the  treaty  of  1 796. 


he  appeal  lo  arn.!: 
s  will)  Franci',  ae 
eace,  \\  hile  peace  . 
Icpendtiite  of  tlit 

parliculorly  cou- 

0  real  Britain  ;iii(J 
alion  of  the  treaty 
18,  to  te«l  the  con- 
overnment,  Ij'  u 
vNith  its  conduct 
the  extreme  jeal- 
einperate   zeal  of 

1  with  the    proc- 
of  the  treaty  of 

mtumely,  opened 
as  to  admit,  per- 
>us  scenes  which 
tor.  The  Ameri- 
tacific  policy ;  in 
Ih  the  same  dcter- 
ice  of  the  nation; 
L<d,  and  when  two 
Jsly  repulsed,  the 
its  treaties  with 
)n,  for  the  defence 
igh  seas.  But  as 
injre  in  the  disjto- 
ernment  liastened 
ion,  signed  in  the 
een  the  two  coun- 

period,  to  avoid  a 
nportant  and  criti- 
warfare  and  mari- 
I  of  moderation,  in 
iscussion  and  cx- 
iaty  of  friendship, 
by  which  the  citi- 
ace  of  three  years, 
:  of  New-Orleans; 
lit  should  be  inde- 
)fthe  Mississippi 
But,  when,  in  the 
ed  against  the  ctt- 
any  other  e<]uiv«- 
ies  was  again  most 
it,  yielding  to  the 
:t  of  the  Intendant 
-be  reinstated,  on 


TUe  effects  pMMfuced,  even  by  a  temporary  siifpcnsion  of  the  right  of 
deposit  at  New-Orleans,  upon  the  interests  and  feelings  of  the  nation, 
naturally  suggested  to  the  American  government,  the  expediency  of 
guarding  against  their  recurrence,  by  the  at  (uiiiition  of  a  permanent 
property  in  the  province  of  Louisiana.  The  miuister  of  the  United 
iStates,  at  Madrid,  was,  accordingly,  instructed  lo  apjily  to  the  govern- 
ment of  Spain  upon  the  subject;  and,  on  the  4tb  of  May,  1803,  he  re- 
ceived an  answer,  stating,  that  "by  the  retrocession  made  to  France, 
of  Louisiana,  that  power  regained  the  province,  with  the  limits  it  had, 
saving  the  rights  acquired  by  other  powers;  and  that  the  United  States 
could  address  themselves  to  the  French  government,  to  negociate  tire 
acrjuisition  of  territories,  which  might  suit  their  interest."*  But  bo* 
fore  this  reference,  official  information  of  the  same  fact  had  been  receiv- 
ed by  Mr.  Pinkney  from  the  court  of  Spain,  in  the  month  of  March 
preceding;  and  the  American  government,  having  instituted  a  special 
mission  to  negociate  the  purchase  of  Louisiana  from  France,  or  from 
Spain,  which  ever  should  be  its  sovereign,  the  purchase  was,  accor- 
dingly, accomplished  for  a  valuable  consideration  (that  was  punctually 
paid)  by  the  treaty  concluded  at  Paris  on  the  30th  A|)ril,  1803. 

The  American  government  has  not  seen,  without  some  sensibility, 
that  a  transaction,  accom|)anied  by  such  circumstances  uf  general  pub- 
licity, and  of  scrupulous  good  faith,  has  been  denounced  by  the  prince 
regent,  in  his  declaration  of  the  10th  of  January,  1813,  as  a  proof  of 
the  "  ungenerous  conduct"  of  the  United  States  towards  Spain."t  In 
ampliticalion  of  the  royal  charge,  the  British  negociators  at  Ghent, 
have  presumed  to  impute  "  the  acquisition  of  Louisiana,  by  the  Uni- 
ted States,  to  a  spirit  of  aggrandizement,  not  necessary  to  their  own 
security;"  and  to  maintain  "  that  the  purchase  was  made  against  the 
known  conditions,  on  which  it  had  been  ceded  by  Spain  to  France;*'^ 
that  "  in  the  face  of  the  protestation  of  the  minister  of  his  catholic  ma- 
jesty at  Washington,  the  President  of  the  U.  States  ratified  the  treaty  of 
purchase ;"||  and  that  "there  was  good  reason  lo  believe,  that  muny 
circumstances  attending  the  transaction  were  industriously  concealed."A 
The  American  government  cannot  condescend  to  retort  aspersions  so 
ui^ust,  in  language  so  opprobious ;  and  preremtorily  rejects  the  preten- 
sion of  Great  Britain  to  interfere  in  the  business  of  the  United  States 
and  Spain :  but  it  owes,  nevertheless,  to  the  claims  of  truth,  a  distinct 
statement  of  the  facts  which  have  been  thus  misrepresented.  When 
the  special  mission  was  appointed  to  negociate  the  purchase  of  Loui- 
siana from  France,  in  the  manner  already  mentioned,  the  American 
minister,  at  London,  was  instructed  to  explain  the  object  of  the  miv 
sion  ;  and  having  made  the  explanation,  be  was  assured  by  the  Brit- 
ish government,  "  that  the  communication  was  received  in  good  part; 

*  See  the  letter  from  don  Pedro  Cevallos,  the  minister  of  Spain,  to  Mr.  C. 
Pinkney,  the  minister  of  the  United  States,  dated  the  4th  of  May,  1803,  from 
which  the  passage  cited  is  literally  translated. 

t  See  the  Prince  Regent's  declaration  of  the  10th  of  January,  18IS. 

X  See  the  note  of  the  British  commissioners,  dated  the  4th  of  SeptHmber,  1814. 

II  See  the  note  of  the  British  commissioners,  dated  the  19th  of  September,  1814. 

(  See  the  note  of  the  British  comnisiioner;:,  dated  tfae  Btb  of  October,  1814t 

C 


''Mi 

'If 


'>H\ 


i  I' 


r:*^ 


'SI 


M!ii 


»' ,.,«.(< 


^ 


!     Jtl' 


CS! 


ill 


■4 


■„■  * 


tsi 


jif 


la 


no  doubt  VIM  suggested  of  the  right  of  the  United  Sfatei  to  pursue,  aep 
anilely  and  alone,  the  olijects  they  aimed  at;  but  tiie  British  goveru- 
inent  ai»peared  to  be  satisfied  with  the  President's  views,  un  this  iinpor> 
tant  subject."*  As  soon,  too,  as  the  treaty  ol  purchase  was  concluded, 
before  hostilities  were  again  actually  commenced  between  Great  Brit- 
ain and  France,  and  previously,  indeed,  to  the  departure  of  the  French 
ami/assador  from  London,  the  American  minister  openly  notilied  to  tlie 
British  government,  that  a  treaty  liad  been  signed,  by  which  the  com- 
plete sovereignty  of  tlie  town  and  territory  of  New -Orleans,  as  well  as 
of  all  Louisiana,  as  (he  same  was  lieretolbre  possessed  by  bpain,  had 
been  acquired  by  the  United  States  of  America ;  and  that  in  drawing 
up  the  treaty,  care  had  been  tat^en  so  to  frame  the  same,  as  not  to  in- 
fringe anv  right  of  Great  Britain,  in  the  navigation  of  the  river  Mis- 
sissippi.*  t  In  the  answer  of  the  Britsh  government,  it  was  explicitly 
declared  by  Lord  Hawesbury,  "that  he  had  received  his  majesty's  com- 
mands to  express  the  pleasure  with  which  his  mtyesty  liad  received  the 
intelligence;  <'ind  to  add,  that  his  m;>jc8ty  regurded  the  care,  which  had 
been  taken  so  to  frame  the  treaty  as  not  to  infringe  any  right  of  Great 
Britain  in  the  navigation  of  tlie  Mississippi,  as  the  most  satisfactory 
evidence  of  a  disjiosition  on  the  part  of  the  government  of  the  United 
States,  correspondent  with  that  which  his  m<\jesty  entertained,  to  pro- 
mote and  improve  that  harmony,  which  so  liap|iily  subsisted  between 
the  two  countries,  and  wliich  was  so  conducive  to  their  mutual  ben- 
liet."^  The  world  will  judge,  whether,  under  such  circumstances,  the 
British  government  had  any  cause,  on  its  own  account,  to  arraign  the 
conduct  of  the  U.  States,  in  making  the  purchase  of  Louisiana ;  and, 
centainly,  no  greater  cause  will  be  found  for  the  arraignment,  on  ac- 
count of  Spain.  The  Spanish  government  was  apprized  of  the  inten- 
tion of  the  United  States  to  negociate  for  the  purchase  of  that  province; 
its  embassador  witnessed  the  progress  of  the  negociation  at  Paris ;  and 
the  conclusion  of  the  treaty,  on  the  30th  of  A|iril,  1803,  was  promptly 
known  and  understood  at  Madrid.  Yet,  the  Spanish  government  in- 
ter[H)8ed  no  objection,  no  protestation,  against  the  transaction,  in  Eu- 
rope; and  it  was  not  until  the  month  of  Septemljer,  1803,  that  the 
American  government  heard,  with  surprize,  from  the  minister  of  Spain, 
at  Washington,  that  his  catholic  miyesty  was  dissatisfied  with  the  ces- 
sion of  Louisiana  to  the  United  States.  Notwithstanding  this  difilo- 
matic  remonstrance,  however,  the  Spanish  government  proceeded  to 
deliver  the  possession  of  Louisiana  to  France,  in  execution  of  the  trea- 
ty of  St.  Ildefonso;  saw  France,  by  an  almost  simultaneous  act,  trans- 
fer the  possession  to  the  United  States,  in  execution  of  the  treaty  of 
purchase;  and,  finally,  instructed  the  marquis  de  Casa  Yriijo,  to  pre- 
sent to  the  American  government,  the  declaration  of  the  15th  of  May, 

*  f^ee  the  letter  from  the  secretary  of  stnte,  to  Mr.  King,  the  American  minit- 
ter  at  I-ondon,  dated  the  29th  of  January  1 803 ;  and  Mr.  King's  letter  to  the  sec- 
retai7  of  state,  dated  the  28th  of  April,  1303. 

t  See  the  letter  from  Mr.  King,  to  Lord  Hawesbury,  dated  the  tSth  of  May. 
1803.  '• 

t  See  the  letter  of  Lord  Hawkesbury,  to  Mr.  King,  dated  the  19th  of  May, 


19 


ntfs  to  punue,  Sep 
lie  britiHli  goveru- 
;w8,  uii  thU  im|K>r' 
tse  wuB  concluded, 
tween  Great  Urit- 
■tureofthe  French 
silly  notified  (o  the 
ly  H  hicii  the  com- 
JrleauB,  as  welt  ae 
Bed  l)y  Bpain,  had 
nd  that  in  drawing 
Bame,  at  not  to  in- 
of  the  river  Mia- 
t,  it  was  explicitly 
I  his  majesty's  com- 
ly  had  received  the 
he  care,  which  had 
any  right  of  Great 
!  most  satisfactory 
nent  of  the  United 
ntertained,  to  pro 
subsisted  between 
I  their  mutual  ben- 
circumstances,  the 
>unt,  to  arraign  the 

Louisiana;  and, 
rraignment,  on  ac* 
irized  of  the  inten- 
se of  that  province ; 
tion  at  Paris ;  and 
803,  was  promptly 
ish  government  in* 
ransaction,  in  Eu- 
ler,  1803,  that  the 

minister  of  Spain* 
isfied  with  the  ces- 
(landing  this  diplo- 
nent  proceeded  to 
ecution  of  the  trea- 
Itaneous  act,  trans- 
on  of  the  treaty  of 
asa  Ynijo,  to  pre- 

the  15th  of  May, 

the  American  minis- 
ing'8  letter  to  the  sec- 

eil  the  15th  of  May, 

111  the  19th  of  May, 


I80J,  acting  "  by  the  special  onler  of  his  sovereign,"  "that  the  explana- 
tions, which  the  government  of  Fmnce  hud  given  to  his  catholic  ma- 
jesty, concerning  the  sale  of  Louisiana  to  the  United  Btatos,  anil  Ihri 
amicable  di»positions,  on  the  part  of  the  king,  his  master,  towartls  these 
states,  had  determined  him  to  abandon  the  opposition,  which,  at  a  pri- 
or perioil,  and  with  the  most  substantial  motives,  he  had  manifested 
against  the  transaction."* 

But  .ifter  this  amicable  and  decisive  arrangement  of  all  diiferances, 
in  relation  to  the  validity  of  the  Louisiana  purchase,  a  question  of  some 
embarrassment  remained,  in  relation  to  the  boundaries  of  the  ceded  ter- 
ritory. This  question,  liowever,  the  American  government  always 
has  been,  and  always  will  lie,  willing  to  discuss,  in  the  most  candid 
manner,  and  to  settle  upon  the  most  liberal  Iwsis,  with  the  government 
of  Spain.  It  was  not,  therefore,  a  fair  topic,  with  which  to  inflame  the^ 
prince  regent's  declaration;  or  to  embellish  the  diplomatic  notes  of 
the  British  negociators  at  Ghent.f  The  period  has  arrived,  when 
Spain,  relieved  from  her  European  labors,  may  he  expected  to  bestow 
her  attention,  more  effectually  upon  the  state  of  her  colonies;  and,  ac- 
ting with  wisdom,  justice  and  magnanimity,  of  which  she  has  given 
frequent  examples,  she  will  find  no  difficulty,  in  meeting  the  recent  ad- 
vance of  the  American  government,  for  an  honorable  ai\jiistment  nf  ev- 
ery point  in  controversy  between  the  two  countries, without  seeking  the 
aid  of  British  mediation  for  adopting  the  animosity  of  British  councils. 

But  still  the  United  States,  feeling  a  constant  interest  in  the  opinion 
of  enlightened  and  impartial  nations,  cannot  hesitate  to  embrace  the 
opportunity  for  representing,  in  the  simplicity  of  truth,  the  events,  by 
which  they  have  been  led  to  take  possession  of  a  part  of  the  Floridas 
notwithstanding  the  claim  of  Spain  to  the  sovereignty  of  the  same  ter- 
ritory. In  the  acceptation  and  understanding  of  the  United  States, 
the  cession  of  Louisiana,  embraced  the  country'  south  of  the  IMississip- 
pi  territory,  and  eastward  of  the  river  Mississippi,  and  extending  to  the 
river  Penlido;  but  "their  conciliatory  views,  and  their  confidence  in 
the  justice  of  tiieir  cause,  and  in  the  success  of  a  candid  discussion  and 
amicable  negociation  with  a  just  and  friendly  power,  induced  them  to 
acquiesce  in  the  temporary  continuance  of  that  territory  under  the 
Spanish  authority."^  When,  however,  the  adjustment  of  the  boumla- 
ries  of  Louisiana,  as  well  as  a  reasonable  indemnification  on  account 
of  maritime  s|H>iiation8,  and  the  suspension  of  the  right  of  deposit  at 
New-Orleans,  seemed  to  he  indefinitely  postponed  on  the  part  of  Spain, 
by  events  which  the  United  States  had  not  contributed  to  produce,  and 
could  not  control;  when  a  crisis  had  arrived  subversive  of  the  order  of 
things  under  the  Spanish  authorities,  contravening  the  views  of  both 
parties,  and  endangering  the  tranquility  and  security  of  the  adjoining 
territories,  by  the  intrusive  establishment  of  a  government,  indepen- 

^  ^ee  the  letter  of  the  marquis  de  Casa  Trujo,  to  the  American  secretary  of 
•tete.  dated  the  15th  of  May,  1804. 

fi^ee  the  prince  regent's  declaration  of  the  10th  of  January,  1818.  See  the 
notes  of  the  British  commis.<iioDcr8,  dated  the  19th  of  September,  8th  of  October, 
1814. 

%  See  the  proclamation  of  the  President  of  the  United  States,  authorising  Gov- 
jraor  Claiborne  to  take  po;?e6sion  of  the  territory,  dated  the  STth  of  Oct.  1810- 


,1      n. 


l»H 


20 

init,  of  flpnlii,  ns  will  ng  of  the  United  St;il«i«}  anil  wlun.  at  a  lakr 
|»»'niMl,  there  mh»  lenson  to  Itflieve,  Ihiit  Clmit  Hrilain  lirraelJ' de sic;u- 
f*l  to  occupy  the  Flori(li\B,  (ami  she  htiB,  iiulpcd,  nrlimlly  occiiiiii'd 
IN  imarola,  for  liostilc  imrposcs,)  the  American  Kovoniment  vilh- 
oiit  dt'purtiiiis  fioiii  its  r«'»pect  for  tlip  rit!;hlf.  of  Himin,  hiidevcncon- 
Bultiiig  the  honor  of  that  state,  uuequul,  ua  she  thru  was,  to  the  ta.sk  of 
BU|)|)ri't«8iiig  the  intruBive  establigliinent,  was  impelled  hy  the  paramount 
principle  of  Bclf-prcBervation,  to  rescue  its  own  rights  from  the  impend- 
in;;  diinger.  Hence  the  United  States  in  the  year  1810,  proceeded  step 
liy  step,  according  to  the  growing  cxIgencieB  of  the  lime,  took  poBBCBsion 
oi' the  country,  in  which  the  standard  of  independence  had  been  dis- 
played excepting  such  places  as  were  held  by  a  Spanish  force.  In  the 
ye:ir  inil,  they  authorised  their  president,  by  law,  provisionally  to  ac- 
cept of  the  poBseBsion  of  East-Florida  from  the  local  authorities,  or  to 
pre-occupy  it  against  the  attempt  of  a  foreign  power  tosei'/e  it.  In 
1813,  they  obtained  the  possesBion  of  Mobile,  the  only  place  then  held 
by  a  Spanish  force  in  West-Florida ;  with  a  view  to  their  own  imme- 
diate security,  but  without  varying  the  questions  depending  between 
them  and  Spain,  in  relation  to  that  province.  And  in  the  year  1814, 
the  American  commander,  acting  under  the  siinction  of  the  law  of  na- 
tions, but  unauthorized  by  the  orders  of  his  government,  drove  from 
Pensacola  the  Hrilish  troops,  who,  in  violation  of  the  neutral  territory 
of  Spain,  (a  violation  which  Spain  it  is  believed  muBt  herself  resent, 
and  would  have  resisted,  if  the  opportunity  had  occured),  seized  and 
fortified  that  station,  to  aid  in  military  operations  against  the  United 
Slates.  But  all  these  measures  of  safety  and  necessity  were  frankly- 
explained,  as  they  occurred,  to  the  government  of  Spain,  and  even  to 
the  government  of  Great  Britain,  antecedently  to  the  declaration  of 
war,  with  the  sincerest  assurances,  that  the  possession  of  the  territory 
thus  acquired,  "  should  not  cease  to  be  a  subject  of  fair  ami  friendly  ne- 
gociation  and  adjustment.* 

The  present  review  of  the  conduct  of  the  United  States,  tow-ardsthe 
belligerent  powers  of  F.urope,  will  be  regarded  by  every  candid  mind, 
as  a  necessary  medium  to  vindicate  their  national  character  from  the 
unmerited  imputations  of  the  prince  regent's  declaration  of  the  lOlh  of 
January,  1813,  and  not  as  a  medium  voluntarily  assumed,  according  to 
the  insinuationsj  of  that  decjaration,  for  the  revival  of  unworthy  pre 
judices,  or  vindictive  passions,  in  reference  to  transactions  that  are 
liast.  The  treaty  of  Amiens,  which  seemed  to  terminate  the  war  in 
Europe,  sceme*!  also  to  terminate  the  neutral  sufferings  of  America; 
but  the  hope  of  repose  was,  in  both  respects,  delusive  and  transcient. 
The  hostilities  which  were  renewed  between  Great  Britain  and  France, 


»  See  the  letter  from  the  fpcretary  of  state  to  Governor  Claiborne,  and  the  proc- 
lamation dated  the  2Tth  of  October,  1810  : 

See  the  proceeiUtigs  of  the  convention  of  Florida,  transmitted  to  the  secretary 
of  state,  by  the  governor  of  the  Mississippi  territory,  in  his  letter  of  the  17th  of 
October,  IHIO ;  and  the  answer  of  the  secretary  of  state,  dated  the  15th  of  No- 
vember, 1810:  .     _  .  ,  ,         /.  .  . 

See  the  letter  of  Mr.  ^lorler,  British  charge  d'  afTairs,  to  the  secretary  of  state, 
dated  the  15th  of  December,  1810, and  the  secretary's  answer: 

See  the  correspondence  between  Mr.  Monroe,  and  Mr.  Foster,  the  British  lUi*', 
^ter,  in  the  months  of  July,  September,  and  November,  18^1. 


Ill  wJicri.  fit  R  inter 
lain  lirrat'ir  (1(  sicn- 
nrtiinlly  oc(>ii|ii<'«l 
i;ovoriiin«iit  villi- 
uiii,  hiul  even  CUM* 
wiis,  <o  1ln'  tiiskol" 
I  liy  Ihc  imrnmuuiit 
8  Iroin  (lie  iin[i(>iul- 
SIO,  |)rocee«letlale|) 
nr,  took  iiosscHiiioii 
ence  hu«l  been  iWr- 
niBliTorce.  In  the 
trovisionally  toac- 
I  authorities,  or  to 
er  to  seize  it.  lit 
nly  place  t  lien  held 

0  their  own  imme- 
lepending  bttwctn 

1  in  the  jear  1811, 
n  of  tile  law  of  na- 
nnient,  drove  from 
lu*  neutral  territory 
lust  herself  resent« 
cured),  tteized  and 
iguinst  the  United 
'ssity  were  frankly 
)|)ain,  and  even  to 

the  declnralion  of 
ion  of  tlie  territory 
'air  aud  friendly  ne- 

States,  towards  the 
ivcry  candid  mind, 
character  from  the 
[ttion  of  the  loth  of 
umed,  according  to 
il  of  unworthy  pre- 
msactiona  that  are 
rminate  the  war  in 
rings  of  America; 
ive  and  transcient. 
Jritain  and  France, 

aibomc,and  the  proc- 

itted  to  the  secretary 
letter  of  the  17th  of 
iated  the  15th  of  No- 

Lhe  secretary  of  statc^ 

er: 

>stcr,  the  British  roiUt*. 


121 

In  the  year  1803,  were  Immediately  followed  liy  a  renewal  of  the  ap. 
4Cre«Hions  of  the  heUigerenl  powers,  upon  the  commercial  riiniils,  and 
[luiitical  independence  of  the  I'nited  StalcH.  There  wan  iieareely, 
therefore,  an  interval  separating  the  aut;re£sl()ii»  of  the  first  war,  I'roin 
the  agi;re8aioiis  of  the  second  war;  and  altlioui;!!,  in  nature,  the  numreit- 
flions  continued  to  be  the  s^me,  in  estent  they  bttcame  iuealculiilily 
more  destructive.  It  will  be  seen,  however,  that  tlu;  American  ifov- 
crnnient,  inflexibly  muintaineil  itK  neutral  and  pacific  policy,  in  every 
rxtremity  of  the  latter  trial,  with  the  same  good  faith  and  fitrbearance, 
that,  in  the  former  trial,  had  diiitintruishcd  ilu  condurt ;  until  it  wan 
compelled  to  choose,  from  the  alternative  of  national  dtc^mdation,  or 
national  reshtance.  And  if  Great  Hritain  alone  then  became  the  ob- 
ject of  the  American  declaration  of  war,  ilwill  be  seen,  that  Great 
Britain  alone,  had  obstinately  closetl  the  door  of  amicalile  negocialion. 
Tlic  American  minister  at  London,  ant icipatini;  the  ruptiue  l)etween 
Great  Britain  and  France,  bad  oi)tained  asi«iiranccs  from  the  British 
government,  "that,  in  the  event  of  war,  the  instructions  given  to  their 
naval  oflicers  should  be  drawn  up  with  plainness  and  precision  ;  and, 
in'general,  that  the  rights  of  liellipicrentM  should  be  exercised  in  moder- 
ation, and  with  due  ruspect  to  those  of  neutrals."''  And  in  relation  to 
the  important  subject  of  impressment,  he  had  actually  prepared  for  sig 
nature,  with  the  assent  of  Lord  Hawcsbury  and  LortI  St.  Vincent,  n 
convention,  to  continue  during  live  years,  declaring  tnat  "no  seamen, 
nor  seafaring  person,  should  upon  the  high  seas,  and  without  the  juris- 
diction of  either  party,  be  demantied  or  taken  out  <if  any  ship  or  ves- 
sel, belonging  to  the  citizens  or  aubjects  of  one  of  the  parties,  by  Ihr 
public  or  private  armed  shijts,  or  men  of  war,  belonging  to,  or  in  the  seiv 
vice  of  the  other  party;  and  that  fitrict  onlers  should  be  given  for  the 
due  observance  of  the  engagement."!  This  convention,  which  expli- 
citly relinquished  impressments  from  American  vessels  on  the  high 
seas,  and  to  which  the  British  ministers  had,  at  first,  agreed,  Lord  St. 
Vincent  was  desirous  afterwards  to  modify,  "  stating,  that  on  further  re- 
flection, he  was  of  opinion,  that  the  narrow  seas  shouhl  be  expressly  ex- 
cepted, they  having  been,  as  his  lortlahip  remarked,  immemorially  con 
flidcred  to  be  within  the  dominion  of  Great  Britain."  The  Americai' 
ministerhowever, "  having  supposed,  from  the  tenor  of  his  con  versatiouT' 
%vith  Lord  St.  Vincent,  that  the  doctrine  of  mare  claumm  woidd  not  be 
revived  against  the  United  States  on  this  occasion ;  but  that  England 
would' be  content,  with  the  limited  jurisdiction,  or  dominion,  over  the 
seas  acljacent  to  her  territories,  which  is  assigned  by  the  law  of  nations 
to  other  states,  was  disappointed,  on  receiving  Lonl  St.  Vincent's  com 
niunication;  and  chose  rather  to  abandon  the  negociation,  than  to  acqui- 
esce in  the  doctrine  it  proposed  to  establish."f — But  it  was  still  soni<: 
satisfaction  to  receive  a  formal  declaration  from  the  British  govern- 
ment, communicated  by  its  minister  at  Washington,  after  the  rfconi- 
mencement  of  the  war  in  Europe,  which  promised  in  effect,  to  rein  • 
•tate  the  practice  of  naval  blockades  upon  the  principles  of  tlic  law  c. 

*  See  the  letterof  Mr.  King,  to  the  secretary  of  stnte,  dateilthe  16th  cfMti-', 
1805. 
t  See  the  letter  of  Mr.  King,  to  the  secretary  of  ctpte.  ilatrd  .Tiily,  IfiOfV. 
\  See  the  letter  of  Mr.  King  to  tbs  secretary  of  state,  dated  July,  1805. 


n 


■.  ■  \ 


tt 


'(■  t 


»>• 


'AJ 


far" 


uulionu ;  BO  timl  iiu  hlor kndr  Hliniiltl  Itr  conBitleml  »*  Miatinff,  '•  uiiI(>M 
in  r»  i(|irct  of  |mrliiiiliir  porlti  wliich  mi^rht  \>e  HClunlly  IiivchM  ;  unit, 
then,  tliiii  lilt  visst^l*  IiuiiikI  Jo  null  |n>r(8  sbouitl  iiol  lie CHiilnwi  iiiiIihb 
tlH-y  hHit  |ir«!v  iously  liftii  wnriMMl  not  fo  «nUr  them."* 

All  tlic  priTaiitlonft  nf  tint  AiiHTioui  (iOVfriinM'iit  werp,  nevcrtht'k'gi, 
lii.lVtc.tiiiil,  iiiul  the assuraiiceH  of  llif  British  j£overniiunl  wtrr,  in  iiu 
iiiHlante,  \ erilied.     Tlif  outraso  ol  im|»re»»nunl  whs  anain,  iiuliiiciiini- 
mtcly  |tfP|K(riile«l  upon  tlio  criw  of  ev.py  Arntiican  WMt-l,  and  od 
«y«ry  8fn.     'I'lif  •■noimily  of  lilo(kad«-,«-Htahliali((l  l.y  un  ordrr  in  coun- 
cil, without  n  hftiiiiiiiii.  ol|j« cl,  and  maintained  l>y  an  order  in  coun- 
cil, without  llieapidication  of  u  coinpelenl  force,  wa«,  more  and  more 
developed.— 'I'he  rule,  drtuimiauled  "  the  rule  of  the  war  of  I7i0,"  vxai 
fcvivcd  in  un  ullecled  stj  leof  miMleratioii,  hut  in  a  8|)irit  of  more  ritro- 
rouB  execution.!     The  lives,  the  liberty,  the  fortunes  and  the  happinesH 
of  the  citizens  ol  the  ITnlted  Stated,  einrHged  in  the  pursuits  ofnaviirn. 
tlon  and  commerce,  were  once  more  siitijected  to  the  violence  and  cu- 
pidity of  the  Hrilisii  crulzera.       Ami,  in  brief,  so  grievous,  so  inlolera- 
Me,  had  the  afflictions  of  the  nation  Itecome,  that  the  [leople  with  one 
mind,  and  one  voice,  called  loudly  upon  their  Rovernment,  for  redress 
and  protection; J  the  congress  of  the  United  Htute»,participatinK  in  the 
leelingb  and  resentments  of  the  time,  iirjted  upon  the  executive  maj^ii- 
Irale,  the  necessity  of  an  immr<liale  demand  of  reparation  from  Great 
BriUiin  ;||  while  the  same  patriotic  spirit,  which  had  opposed  British 
usurpation  in  1793,  and  encountered   French  hostility  in   1708,  was 
asain  pledged,  in  every  variety  of  form,  to  the  mainfeiinnce  of  the  na- 
tional honor  and  independence,  during  the  more  arduous  trial  that  arose 
in  1805. 

Amidst  these  scenes  of  injustice  on  the  one  hand,  and  of  reclamation 
m  the  other,  the  American  government  preserved  its  e<|uanimiry  and 
its  firinnesB.  It  heheld  much  in  the  comiuct  of  France,  and  of  her  ally, 
Spain,  to  provoke  reprisals.  It  heheld  more  in  the  conduct  of  Great 
Kritain,  that  led,  unavoidably  (as  had  often  been  avowed)  to  the  last 
resort  of  arms.  It  lieheld  in  the  temper  of  the  nation,  all  that  was  re- 
<pisite  to  justify  an  immediate  selection  of  Great  Britain,  aa  the  object 
of  a  declaration  of  war.  And  it  could  not  but  behold  in  the  policy  oC 
France,  the  strongest  motive  to  actjuire  Ihe  United  States,  as  an  asso- 
ciate in  the  existing  conflict.  Yet,  these  considerations  did  not  then, 
more  than  at  any  former  crisis,  sulwlue  the  fortitude,  or  mislead  the  judg- 
ment, of  the  American  government;  but  in  perfect  consistency  with 
its  neutral,  as  well  as  its  pacific  system,  it  demanded  atonement,  by 

"Sec  tlin  letter  of  Mr.  Mprry,  to  the  secretary  of  utate.dated  the  12th  of  April, 
1804,  niul  the  enclosed  ropy  of  a  letter  from  Mr.  Nepean.  the  secretary  of  the 
adniirnlty,  to  Mr.  Hammond,  the  British  uadcr  neoretary  of  state  for  foreien  af.» 
fairs,  dated  .Imi.  5th,  180A.  .    . 

t  Sec  the  orders  in  council  of  the  24th  of  Jine,  180S,&the  17th  of  August,  1805. ' 
t  Sec  the  ineinoriaLs  of  Roston,  New-York,  Philadelphia,  Baltimore,  &c.  pre« 
fenlpd  to  congress  in  the  end  of  the  year  1805,  and  the  beginning  of  the  year. 
1806. 

II  See  the  resolutions  of  the  senate  of  the  Unifed  States,  of  the  10th  and  14th  of 
i  .jhruary,  1801) ;  and  the  resolution  of  |be  house  of  repreientatives  of  the  Uoit«4 


I  c^Utini^,  '■  tiiilcM 
y  iiiv<'Hlt'(l ;    iiimI, 

liecaiitiirctl  uiiU'kb 

I* 

vere,  iievt>rtht't('8ii, 
iincnl  wvn',  iti  im 

aifaiii,  imtim-riini- 
:iin  \«'it«el,  iiiitl  on 
V  ttii  unItT  in  t-otin- 
an  onlpr  in  coiin- 
«,  more  itntl  more 

war  of  1760,"  wai 
iitiril  or  more  rimo- 

ami  (htt  ha|)|iinci» 
Itiiraiiits  of  naviifH* 
'  viok-nre  anti  cu- 
evoii9,  BO  inlolfra- 
e  (tcojile  with  one 
[imrnt,  for  redr^M 
articiiiatinK  in  the 
!  ox*'Ciitiv«f  mii^ii- 
ralion  from  Great 
1(1  0|i|io8«>(l  Kritigh 
lit)'  in  1 708,  uas 
euance  of  tho  na- 
nus trial  that  arcs* 

in<1  of  reclamation 
l8  (><|uanimify  and 
:e.amloflier  ally, 
conduct  of  Great 
owed)  to  the  last 
1,  all  that  was  re> 
lain,  as  theolijcct  '• 
d  in  the  policy  oC 
alalcB,  ns  an  asso- 
ona  did  not  then,  ' 
mislead  the  Judg- 
coHsiatency  witb 
;d  atonement,  by  - 

d  the  12th  of  April,  '. 
he  secretary  of  the 
state  for  foreign  af' 

rth  of  Auguit,  1805. 
Baltimore,  &c.  pre*    > 
inning  of  the  year,  ^ 

he  10th  ami  14th  of  ■ 
ttives  of  the  Voite4 


V3 

rcmonstruncei  nitli  Franco  and  Spain ;  and  it  aouglit  tlie  ptifrrvatioo 
of  I'lMt'f,  liy  iM'^uciution  willi  (in-itt  lirilain. 

It  liutt  iic«'u  itliown,  lliut  u  treaty  propuMsd.impliatically,  Ity  the  liri( 
igh  ininmtt'r,  rt-Miiliulat  f  liiladel|ilii(i,  "  •)■  llif  int-anit  ui  dryiui^  i>i>t'\«» 
ry  aourcc  uf  cumpluint  and  irrit  tion,  upon  tlit-  licuil  "t  ini|ir<-tiiir(H'iit  " 
^VHs  '*  dccmi'd  utterly  tuuiliniiiailtic,"  liy  tlie  Aiuericaugn  ><<inriit,  lie« 
cuiisi'  it  did  not  BuHiciunlly  provide  lor  that  olijc-ct."  It  li„.-<,  aU<>.  )ieea 
oliown,  that  anullier  treaty,  propobid  liy  the  Aiiiericaii  ininiHier  at  /oa* 
don,  WBH  laid  aside,  because  the  Uritlsli  Koviriinieiit,  \vliilt>  it  waa  nil* 
ling  to  relinquish,  expressly,  impressmenls  from  American  vessels  on 
the  hii(li  seas,  inoisted  upon  an  exception,  in  reference  to  the  narrow 
seas,  claimed  as  apart  of  the  liritish  dominion  :  and  experience  tle- 
monstrated,  lliat,  although  the  spoliations  conunilted  u|ion  the  Ameri- 
can  commerce,  miKht  admit  ol  reparation,  l»y  the  payment  of  a  pecun- 
iary  equivalent;  yet,  consulting  the  honor,  and  the  feelini;B  of  the  na- 
tion. It  was  impossible  to  receive  satiHfactiun  for  the  cruelties  of  im* 
pressment,  by  any  other  means,  than  liy  an  enlint  «ii«continu;ince  of 
the  practice.  Wiien,  therefore,  the  envoys  extraordinary  were  a|H 
pointed  in  the  year  I8UU,  to  negociate  v\ith  the  British  government 
every  authority  was  given,  for  the  |inr|K)seH  of  concilitition  ;  nay,  an  acS. 
of  congress,  prohibiting  the  importation  of  certain  articles  of  British 
manufacture  into  the  United  Htates,  was  suH|ten(U'd,  in  proof  of  a 
friendly  disposition  ;t  but  it  was  declared,  that  "  the  suppression  of 
impressment,  and  the  definition  of  blockades,  were  alisohitely  indispen* 
tible;"  and  that,  "  without  a  (irovision  against  imire^jsnients,  no  treaty 
should  be  concluded,  'i'he  American  envoys  accordingly,  took  care 
to  communicate  to  the  British  commissioner?,  the  limitations  of  their 
powers.  Iidhienced,  at  the  same  time,  by  a  sincere  desire  to  terminate 
the  ditVerences  between  llie  two  nations;  knowing  the  solicitude  of 
their  government,  to  relieve  its  senfuriiig  citizens  from  actual  eutf'erencc; 
listening  with  confidence,  to  assurances  and  explanations  of  tlie  Britisb 
commissioners,  in  a  sense  favorable  to  their  w  islies ;  and  Judging  from 
»  state  of  information,  that  gave  no  immediate  cause  to  doubt  the  suf< 
ficiency  of  th«)ge  assurances  and  ex|ilanations  ;  ibe  envoys,  rather  thau 
terminate  the  neg«M>iation  without  any  arrangement,  were  willing  to 
rely  upon  the  eiticiency  of  a  sulistitute,  fur  a  imsitive  article  in  the 
treaty,  to  be  submitted  to  the  considerttiou  of  their  government,  as 
this,  according  to  the  declaration  of  the  British  commissioners,  was  the 
only  arrangement,  they  were  |)ermilted  at  that  time,  to  pnifjose  or  to 
allow.  The  sulistitute  was  presented  in  the  form  of  a  note  from  the 
British  commissioners  to  the  American  envoys,  and  contained  a  |iledge» 
"■  that  instructions  had  been  given,  nnd  should  be  repeated  anil  enforc- 
ed, for  the  observance  of  the  greatest  caution  in  the  impressing  of  Brit- 
ish seamen ;  that  the  strictest  care  should  be  taken  to  preserve  the  cit- 
izens of  the  United  States  from  any  molestation  or  injury ;  and  that 
»■  ■ 

•  See  Mr.  Listen's  letter  to  the  necrctnry  of  state,  ilatcd  the  4th  of  February, 
1800  ;  and  the  letter  of  Mr.  Piclicrinc;,  feurctory  of  state,  to  the  President  of  tl»e 
United  States,  dated  the  20th  hS  Fchriiary,  1800. 

1 8ee  the  act  of  connress,  passed  llic  lllth  of  April,  1806  ;  and  the  act  suspeni* 
log  it,  paised  the  19tli  of  December,  IdOfl, 


|(ti«". 


:"!l 


,.;if 


24 


immediate  ami  prompt  redress  should  be  afforded,  upon  any  rcprescntti* 
tioii  of  injury  Bustuiiied  by  them."* 

ill  as  much,  liowcver,  as  the  treaty  contained  no  provision  against 
iiiiprcssineiit,  and  it  was  seen  iiy  the  government,  when  the  treaty  was 
under  cunsii'eration  for  ratification,  that  the  pledge  contained  in  the 
snlistitute  was  not  complied  with,  t)ut,on  the  contrary,  that  the  impress- 
nieiils  were  continued,  with  undiminished  violence,  in  the  American 
se.is,  so  long  alter  the  alledgcd  date  of  the  instructions,  which  were  to 
arrest  them;  that  the  practical  inefficacy  of  the  substitute  could  not 
be  O'jubted  by  the  government  here,  the  ratification  of  the  treaty  was 
necessarily  declined ;  and  it  has  since  appeared^  that  after  a  change  in 
the  British  ministry  had  taken  [dace,  it  was  declared  by  the  secretary 
for  foreign  alluirs,  that  no  engagements  were  entered  into,  on  the  part 
of  his  majesty,  as  connected  with  the  treaty,  except  such  as  appear  up<' 
on  the  face  of  it.f 

The  American  government,  however,  with  nnabating  solicitude  tot 
peace,  urged  an  immediate  renewal  of  the  negociations  on  the  basis  of 
the  abortive  treaty,  until  this  course  was  peremptorily  declared,  by  the 
British  government,  to  be  "wholly  inadmissible.''^ 

But,  inde|)endent  of  the  silence  of  the  proposed  treaty,  upon  the  great 
topic  of  American  complaint,  and  of  the  view  which  has  been  taken  of 
the  projected  substitute  ;  the  contemporineous  declaration  of  the  Brit- 
ish commissioners,  delivered  by  the  command  of  their  sovereign,  and 
to  which  the  American  envoys  refused  to  make  themselves  a  party,  oi' 
to  give  the  slightest  degree  of  sanction,  was  regarded  l)y  the  American 
government,  as  ample  cause  of  rejection.  In  reference  to  Ibfi  French 
decree,  which  had  been  issued  at  Berlin,  on  the21stofNovemL)er,  180G, 
it  was  declared  that  if  France  should  carry  the  threats  of  that  decree 
into  execution,  and  if,  "  neutral  nations,  contrary  to  all  expectation, 
tihould  acquiesce  in  such  usurpations,  his  majesty  might,  probably,  be 
compelled,  however  reluctantly,  to  retaliate,  in  his  just  defence,  and  to 
adopt,  in  regard  to  th«  commerce  of  neutril  nations  with  his  enemies, 
the  same  measures,  which  those  nations  should  have  permitted  to  be 
enforced,  against  their  commerce  with  his  subjects ;"  ■'  that  his  majes- 
ty could  not  enter  into  the  stipulations  of  the  present  treaty,  without 
an  explanation  from  the  United  States  of  their  intentions,  or  a  reserva- 
tion on  the  part  of  his  majesty,  in  the  case  above  mentioned,  if  it  should 
ever  occur,"  and  "  that  without  a  formal  abandonment,  or  tacit  relin- 
quishment of  the  unjust  pretensions  of  France;  or  without  such  con- 
duct and  assurances  upon  the  pa't  of  the  United  States,  as  should  give 
security  to  his  mfyesty,  that  they  would  not  submit  to  the  French  in- 
novations, in  the  established  system  of  maritime  law,  his  majesty  would 
not  consider  himself  bound  by  the  present  signature  of  his  commission- 
ers, to  ratify  the  treaty,  or  precluded  from  adopting  such  measures  as 
might  seem  necessary  for  counteracting  the  designs  of  the  enemy ."|| 

'*  Sec  the  note  of  the  British  commissioners,  dated  8th  of  November,  1806. 
+  Hee  Mr.  Canning's  letter  to  the  American  envoys,  dated  27th  October,  1807. 
X  See  the  same  letter. 

II  See  the  note  of  tlie  British  commissioners  dated  the  Slst  December,  1806> 
ft-e  also  the  answer  of  Messrs.  Monroe  an4  Pinkney  to  that  note. 


rded,  upon  any  representu* 

ined  no  provision  against 
ment,  wlien  the  treaty  avub 
e  [iledge  contained  in  tlie 
contrary,  that  tiie  impress- 
violence,  in  llie  American 
nstructions,  whicii  were  to 
t'  the  substitute  could  not 
ification  of  the  treaty  was 
,red,  that  after  a  change  in 
I  declared  by  the  secretary 
i  entered  into,  on  the  part 
except  such  as  appear  up<t 

th  nnabating  solicitude  (ot 
egociations  on  the  basis  of 
emptorily  declared,  by  the 
sible."t 

joaed  treaty,  upon  the  great 
w  which  has  been  taken  ol" 
>U8  declaration  of  the  Brit- 
ind  of  their  sovereign,  and 
lake  themselves  a  party,  oir 
regarded  by  the  American 
In  reference  to  the  French 
he  2l8tof  November,  1800, 

the  threats  of  that  decree 
ontrary  to  all  expectation, 
ajesty  might,  probably,  be 
,  in  his  Just  defence,  and  to 

nations  with  his  enemies, 
(lould  have  permitted  to  be 
subjects ;"  •'  that  his  majes- 
he  present  treaty,  without 
eir  intentions,  or  a  reserva- 
)ove  mentioned,  if  it  sliould 
)andoument,  or  tacit  relin- 
ice;  or  without  such  con- 
nited  States,  as  should  give 
>t  submit  to  the  French  in- 
time  law,  his  majesty  would 
ignature  of  his  commission- 
adopting  such  measures  as 
:  designs  of  the  enemy ."|| 

ed  8th  of  November,  1806. 
roys,  dated  2Tth  October,  180T. 

ated  the  Sist  December,  1806. 
ley  to  that  note. 


'the  reiertfttion  01"  a  p«wer,  to  invalidate  a«oifnin  treaty,  at  the 
Jtleasure  of  one  of  the  parties  and  the  menaces  of  inflicting  punishment 
upori  the  United  Btates,  for  tlie  offences  of  another  natiun,  proved,  iu 
■the  event,  a  prelude  to  the  scenes  of  violence,  which  Great  Britain  was 
then  about  to  display,  and  which  it  would  have  been  im|>roper  lor  the 
American  negociators  to  aneicipate.  For,  if  a  commentary  were  want- 
ing tb  explain  the  real  design  of  siieh  conduct,  it  would  be  found  in  tlu: 
fact,  that  within  eight  days  from  the  date  of  tlie  treaty,  and  before  it 
was  possible  tor  the  British  government  (o  have  known  the  efiect  oftix; 
Berlin  decree  on  the  American  government;  nay,  even  before  the 
American  government  had  itiielf  heard  of  that  decree,  the  destruction 
of  American  commerce  was  commenced  by  the  order  in  council  of  the 
Tth flif  January,  1807,  which  announced,  "that  no  vessel  should  be 
flermitted  to  tnule  from  one  port  to  another,  both  which  ports  sfaouUl 
belong  to,  or  be  in  ]tos3ession  of  France,  or  her  altks :  or  should  be  m 
far  under  their  control,  aa  that  British  vessels  might  not  trade  freely 
thereat."* 

During  the  whole  period  of  this  negociaiion,  which  did  not  iinall}'' 
close  until  the  British  government  declared  in  the  month  of  October, 
1807,  that  negosiation  was  no  longer  admissible,  the  course  pursued  by 
the  British  squadron,  stationed  more  immediately  on  the  American 
coast,  was  in  the  extreme,  vexatious,  (iredatory,  and  hostile.  The  ter- 
ritorial juris<tiction  of  the  United  States,  extending,  u[)On  the  principles 
of  the  law  of  nationB,  at  least  a  league  over  the  adjiicent  ocean,  was  to* 
tally  disregarded  and  contemned.  Vessels  employed  in  the  coaetin^^ 
tr.'Mie,  or  in  the  business  of  the  pilot  and  the  iisherman,  were  objects  of 
incessant  violence  ;  their  petty  c;^rgoes  were  plundered;  and  some  of 
their  scanty  crews  were  often,  either  imt)res8ed,  or  wounded,  or  killed, 
by  the  force  of  British  frigates.— British  8lii|is  of  war  hovered,  in  war- 
like display,  uponthe  coast ;  blockadeti  the  ports  of  the  United  States,  so 
that  no  vessel  could  enter,  or  depart,  in  safety ;  penetrated  the  bays 
and  rivers,  and  even  anchored  in  the  harlwrs,  of  the  United  States,  to 
exercise  a  jurisdiction  of  impressment;  threatened  the  towns  and  viN 
lages  with  conflagration ;  and  wantonly  discharged  musketry,  as  well 
as  cannon,  upon  the  inhabitants  of  an  open  and  unprotected  country. 
5'he  neutrality  of  the  American  territory  was  violateil  on  every  occa- 
•icm ;  and,  at  last,  the  American  government  was  doomed  to  sutler  the 
fCreatest  indignity  which  could  he  ottered  to  a  sovereign  and  indepen- 
dent nation,  in  the  ever  memorable  attack  of  a  British  50  gun  ship,  un- 
der the  countenance  of  the  British  squadron,  Anchored  within  the  wa- 
ters of  the  U.  States,  u{)pn  the  frigate  Chesapeake,  peaceably  pro8ccu> 
ting  a  distant  voyage.  The  British  goveminent  affected,  from  time 
to  time,  to  disapprove  and  condemn  these  outrages ;  but  the  officers 
who  perpetrated  them  were  generally  applauded ;  if  tried,  they  were 
acqoittnl;  if  removed  from  the  American  station,  it  was  only  to  be 
promoted  in  another  station ;  and  if  atonement  were  offered,  as  in  the 
flagrant  instance  of  the  frigate  Cheaapeake,  the  atonement  was  so  un^- 
graciotM  in  Hk  manner,  and  so  tardy  in  the  kskU,  as  to  betray  the 

*!^ee  the  order  io  CMHieir  of  JaiiMaTy  Tth,.180T. 


f «! 


•fi' 


■*: 


'4 


& 


'h 


wimt  ut'  that  conciliatory  spirit  whicli  ought  to  liave  uharactcri;c* 
edit." 

iiut  the  Ainericun  government,  suothing  tlie  exaspinaed  spirit  of 
the  |u'0|ile,  by  a  pruclu-natiuu  wiiich  interilicted  the  entrance  of  all 
iiritiiili  armed  viBsels,  into  tlie  harbors  and  waters  uf  the  L  nited  8tates,t 
neither  cuinmcnced  liustdities ugainst  Great  Britain;  norsouglit  u  de- 
dciViisive  uhiance  with  France;  nor  relaxed  in  its  hrm,  but  concdiato- 
ry  eii'oi'ts  tu  enforce  the  claims  of  Justice,  upon  the  honor  of  both  nations. 

Tiie  rival  ambition  of  (ire.it  Britain  and  France,  now,  however  ap- 
prouclied  the  consummation,  which,  involving  the  destruction  of  all 
neutral  rights,  upon  an  .ivowed  principle  of  action,  could  not  fail  to 
render  »n  actual  slate  of  war,  comparatively,  more  safe,  and  more  pros- 
perous, than  the  imaginary'  stale  of  peace  to  which  neutrals  were  re- 
duced. The  just  ind  impartial  conduct  of  a  neutral  nation,  ceased  to 
be  Its  shield,  and  its  safeguard,  when  the  conduct  of  the  belligerent 
powers  towards  each  other  became  the  only  criterion  of  the  law  of  war. 
The  wrong  committed  by  one  of  the  belligerent  powers  was  thus  made 
the  signal  for  the  perpetration  of  a  greater  wrong  by  the  other;  and  if 
the  American  government  complained  to  both  powers,  their  answer, 
although  it  never  denied  the  causes  of  complaint,  invariably  retortetl 
an  idle  and  otiensive  inquiry,  into  the  propriety  of  their  respective  ag- 
gressions ;  or  each  demanded  a  course  of  resistance  against  its  antago- 
nist, which  was  calculated  to  prostrate  the  American  right  of  self-gov- 
ernment, and  to  coerce  the  United  States,  against  their  interest  and 
their  (wlicy,  into  becoming  an  associate  in  (he  war.  But  the  Ameri- 
can government  never  did,  and  never  can,  admit,  that  a  belligerent 
power,  "in  taking  steps  to  restrain  the  violence  of  its  enemy,  and  to 
retort  upon  them  the  evils  of  their  own  injustice,"^;  is  entitled  to  disturb 
and  to  destroy,  (he  rights  of  a  neutral  power,  as  rectw;nized  and  estab- 
lished, l)y  the  law  of  nations.  It  was  impossible  indeed,  that  the  real 
features  of  the  miscalled  retaliatory  system  should  be  long  masked  froni 
the  world;  when  Ureat  Brituin,  even  in  her  acts  of  professed  retalia- 
tion, declared,  (hat  France  was  unable  to  execute  the  hostile  denunci- 
ations of  her  decrees  ;||  and  when  Great  Britain  herself,  unblushingly 
entered  into  the  same  commerce  with  her  enemy  (through  the  medium 
of  3rgeries,  peijuries,  and  licences)  from  which  she  had  interdicted  un- 
utfeudin^  neutrals.  Tiie  pride  uf  naval  su|)eriori(y ;  and  (he  cravings 
of  commeraial  monopoly  ;  gave,  after  all,  the  imjiulse  and  direction  to 
the  councils  of  the  British  cabinet;  while  (he  vast,  although  visionary, 
prqjects  of  i'runcc,  furnished  occasions  and  pretexts, for  accomplishing 
the  objects  of  those  councils 

The  British  minister,  resident  a{  Washington  in  the  year  1804,  hav- 
in;:  distinctly  recognized,  in  (he  name  of  his  sovereign,  the  legitimate 

*    «■('  the  evidence  of  tlicce  facts  recorteil  to  Congreps  in  November,  1806. 

■^ef  tlic  Jot  i!iuuiit»  rcjipectinj;  C'a|ituii)  Love,  of  tlie  Driver ;  Captain  Wljitby, 
•  (lie  l.cuniler;  and  CB|>tnin 

v,  also,  tile  eoiTefipondencc  refpc-linfc  tFio  frigate  Chrsinpenke,  with  Mr. 
C'iiniiiiig,  at  Loiuluii;  nitli  Mr.  Uuhc,  at  Wa»'irriigton  ;  with  Mr.  Erskinc,  ac 
'\Vi(>irui>:t<)!i ;    iml  willi 

t  ■  UP  llic  procliiinution  of  tlio  id  of  July,  (807. 

±  -ee  llio  .'idi'i).  Ill  council  of  thi'  *lli  of  January,  (r,07. 

[(free  tbc  orders  in  couutil  of  tlie  Vi!i  of  Jniiuiiry,  il<07, 


lave  cliaracteri^ 

spiTiited  spirit  of 
le  f  nirance  uf  all 
leL'mteclStateSjt 

nor  sought  u  de- 
in,  but  coiiciiialo- 
rofbolliDations. 
»ow,  however  a|)- 
iestruction  of  all 
coulil  not  fail  to 
fr,  and  more  proS' 
neutrals  were  re- 
lation, ceased  to 
>f  the  belligerent 
[>f  the  law  of  war. 
rs  was  thus  made 
he  other;  and  if 
in,  their  answert 
variably  retorted 
eir  respective  ag- 
rainst  its  antago- 

right  of  self-gov* 
heir  interest  and 

But  the  Ameri- 
lat  a  belligerent 
its  enemy,  and  to 
ntitled  to  disturb 
nized  and  estab- 
leed,  that  the  real 
ong  masked  from 
professed  retalia- 
!  hostile  denunci- 
elf,  unblnshingly 
uugli  the  medium 
d  interdicted  un- 
and  the  cravings 
■■  iind  direction  to 
Ihoueh  visionary, 
ur  accomplishing 

eyear  1804,  hav- 
;n,  the  legitimate 

ovctnber,  1806. 
;  Captain  WLilby, 

'pnprnke,  with  Mr. 
h  Mr.  Erskinc,  ac 


principlt.-^  of  blockade,  tlic  American  government  rcccivo.l  wiUi  soiija 
aurprise  and  sulicilude,  the  successive  notifications  uf  the  0th  of  Au- 
gust, 1801,  tile  8th  of  April,' 1  "0(5,  and  more  particularly,  of  the  lUtli 
of  ;Vlay,  180U,  announcing;  by  the  last  notification,  "a  blockade  of  llir 
cudii),  rivers  and  ports  from  tlie  river  Kibe  to  the  port  of  BresI,  both  in- 
cjusive."*      In  none  of  the  notified  instances  of  blockade,  were  liie 
(iriiiciples,  that  had  been  recognized  in  1 80 -i,  adopted  and  pursued,  and 
It  will  Lie  recollected  by  iill  Europe,  that  neither  at  the  lime  of  the  no- 
tificitioa  of  the  lOtli  of  May,  1800;    nor  at  the  time  of  excepting  the 
Elbe  and  Kms,  from  the  operation  of  that  notilicjition  ;t    nor  at  any 
time,  during  llie  continuance  of  the  French  war,  was   there  an  aile- 
quate  naval  force,  actually  applied  by  Great  Brit.iin,  for  the  pur|K>se  of 
maintaining  a  block,  de.  from  the  river  Elbe,  to  the  port  of  Brest.     It 
Was  tlien,  in  the  language  of  the  day,  "  a  mere  paper  blockade ;"  a  man- 
ifest infract  ion  of  the  law  of  nations;    and  an  act  of  peculiar  injustice 
to  the  United  States,  as  the  only  neutral  power,  against  which  it  would 
,  practically  ojierate.      Jlut  whatever  may  have  been  the  sense  of  the 
American  government  on  the  occasion ;     and  whatever  might  be  the 
disposition,  to  avoid  miking  this  the  ground  of  an  open  rupture  witli 
Great  Britain,  the  case  assumed  a  character  of  the  highest  interest, 
when  indefiendent  of  its  own  injurious  consequences,  France  in  the 
Berlin  decree  of  the  21st  of  Novemlier,  1806,  recited  us  a  chief  caust> 
for  placing  the  British  islands  in  a  state  of  blockade,  "  that  Great  Brit- 
ain declares  blockafled,  places  before  which  she  has  not  a  single  vessel 
of  war ;    and  even  places  w  hich  her  united  forces  would  be  incapable 
of  blockading;  such  as  entire  coasts,  and  a  whole  empire;  an  unequal- 
led abuse  of  the  right  of  blockade,  that  had  no  other  oliject,  than  to  in- 
terrupt the  communications  of  different  nations ;     and  to  extend  the 
commerce  and  industry  of  England,  ujion  the  ruin  of  those  nations."|: 
The  American  government  aims  not,  and"  never  has  aimed  at  the  Jus- 
tification, either  of  Great  Britain,  or  of  France,  in  their  career  of  crim- 
ination and  recrimination;  but  it  is  of  some  importance  to  observe,  that 
if  the  blockade  of  May,  1 806,  was  an  unlawful  blockade,  and  if  (he  right 
of  retaliation  arose  with  the  first  unlawful  attack,  made  l»y  a  belligerent 
power  upon  neutral  rights,  Great  Britain  has  yet  to  answer  to  mankind, 
acconling  to  the  rule  of  her  own  acknowledgment,  for  all  the  calamities 
of  the  retaliatory  warfare.     France,  whether  right,  or  wrong,  made  the 
British  system  of  blockade,  the  foundation  of  the  Bertin  decree ;     and 
France  had  an  equal  right  with  Great  Britain,  to  demand  from  the  Uni- 
teil  States,  an  opposition  to  every  encroachment  upon  the  privileges  of 
the  neutral  character.     It  is  enough,  however,  on  the  present  occasion, 
for  the  American  government,  to  observe,  that  it  possessed  no  power 
to  prevent  the  framing  of  the  Beriin  decree,  and  to  disclaim  any  ap- 
probation of  its  principles,  or  acquiescence  in  its  operations :    for  it 
neither  belonged  to  Great  Britain,  nor  to  France  to  prescibe  to  the 

•  fee  Lord  Harrowby'8  note  to  3Ir.  Monroe,  dated  the  9tli  of  August,  1801, 
and  Mr.  Fox's  notes  to  Mr.  Monroe,  dated  respectively  tlie  Ctii  of  April,  anfl 
lethof  May,t806. 
t  Pec  l.oid  Ho\vick's  note  to  Mr,  Monroe,  dated  tlie 23th  of  Fept^mbpr,  lfi06j 
^§cf?fheBcflindecrccoftbfl21rtof\ovemher,  180(51.  .  V 


h  -^ 


:M' 


'J 


A 


wmmm 


I 


American  govemnifnt,  the  time  or  the  motk  or  Ui«  tlet!,i'ee,  of  resistance, 
to  ilie  indignities,  and  the  oiitrascps,  with  which  each  or  those  nationis 
in  its  turn,  assailed  the  I'uited  istiites. 

Bui  it  has  been  shown,  that  after  tlie  British  government  possessed 
a  Unowiedu;e  of  the  existence  of  the  Berlin  decree,  it  authorised  the 
concUision  of  the  treaty  with  the  United  States  wliich  was  signed,  at 
London,  on  the  Slstof  December,  1806,  reservioj?  to  itself  tlie  power 
of  annuling  the  treaty,  if  France  did  not  revoke,  or  if  the  United  btatf3- 
ns  a  neutral  power,  did  not  resist,  the  ohnoxious  measnre.     It  has,  also, 
been  shown,  that  l.efore  Great  Britain  could  possibly  ascertain  the  de>« 
termination  of  the  Unitetl  States,  in  relation  to  the  Berlin  decree,  the 
ottiers  in  coiuicil  of  the  7th  of  January,  1807,  were  issued,  professing 
to  he  a  retaliation  against  France,  "  at  a  time  when  the  fleets  of  France 
and  her  allies  were  themselves  confined  within  their  own  ports,  by  the 
superior  valor  and  discipline  of  the  British  navy,"*  but  operating,  in 
fact,  against  the  United  Stales,  as  a  neutral  power,  to  prohiliit  their 
trade,  "  from  a  one  port  to  another,  both  which  ports  should  belong  to,  or 
he  in  the  possession  of,  France  or  her  allies,  or  should  be  so  fnr  undc( 
their  controls,  as  that  British  vessels  might  not  trade  freely  thereat."* 
It  remains,  however,  to  be  stated,  that  it  was  not  until  the  12th  of 
March,  1807,  that  the  British  minister,  then  residing  at  Waahingtoo, 
communicated  to  the  American  government,  in  the  name  of  his  sove- 
reign, the  orders  in  council  of  January,  1807,  with  an  intimation,  that 
stronger  measures  would  be  pursued,  imless  the  United  States  should 
resist  the  operation*  of  the  Berlin  decree.''t     At  the  moment,  the  Brit- 
ish government  was  reminded,  "that  within  the  period  of  those  great 
events,  which  continued  to  agitate  Europe,  instances  had  occured,  id 
-which  the  commerce  of  neutral  nations,  more  especially  of  the  United 
States,  had  experienced  the  severest  distresses  from  its  own  orders  dnd 
measures,  manifestly  unauthorized  by  the  law  of  nations;"    assurances 
were  given,  "  that  no  cnlpable  acquiescence  on  the  part  of  the  United 
States  would  render  them  accessary  to  the  proceedings  of  one  belliger- 
ent nation,  through  their  rights  of  neutrality,  against  the  commerce  of 
its  adversary  f  and  the  right  of  Great  Britain  to  issue  such  orders,  un-t 
less  as  orders  of  blockade,  to  be  enforced  according  to  the  law  of  na- 
tions, was  utterly  denie<14 

This  candid  and  explicit  avowal  of  the  sentiments  of  the  American 
government,  upon  an  occasion,  so  novel  and  important  in  the  history  of 
nations,  did  not,  however,  make  its  just  impression  upon  the  British 
cabinet ;  for,  without  assigning  any  new  provocation  on  the  part  of 
France,  and  complaining,  merely,  that  neutral  powers  had  not  been  in- 
duced to  interpose,  with  effect,  to  obtain  a  revocation  of  the  Berlin  de- 
cree, (which,  however,  Great  Britain  herself  had  affirmed  to  be  a  de- 
cree nominal  and  inoperative,)  the  orders  in  council  of  the  1 1th  oTNo* 
vcmber,  1807,  were  issue*!,  declaring,  "  that  all  the  ports  and  places  of 
France  and  her  allies,  or  of  any  other  country  At  vrar  with  his  mtuesty, 

*  See  tfce  orders  in  council  of  the  7tli  of  January,  1807. 

t  fiee  Mr.  Erskine's  letter  to  the  secretary  of  utate,  dated  llie  12tlj  of  Marcls, 
180T. 

t  See  the  tecretary  of  state's  letter  to  Mr.  Tlnliine,  dated  the  20th  of  March. 
1807. 


:ia 


■  fee,  of  resistance,    ' 
1  of  thuse  iKit'ion* 

roment  possfsst'd 
il  authorised  the 
ch  was  signed,  at    < 
:o  itself  the  power 
the  L"nilt>d8tate3, 
iiire.     It  has,  also,     .. 
ascertain  liie  de-,*- 
l>eriin  decree,  the 
issued,  professiiig 
he  fleets  of  France  - 
own  ports,  by  the 
bnt  operating,  in 
,  to  prohiliit  their 
dould  belong  to,  or 
Id  lie  so  far  undcf 
e  freely  thereat."* 
:  until  the  12th  of 
ig  at  Waahingtoo, 
name  of  his  so  ve- 
in intimation,  that 
ted  States  should^, 
moment,  the  Brit-^  • 
riod  of  those  great  ^ 
es  had  occured,  in 
ally  of  the  United 
its  own  orders  dnd 
ions ;"    assurancee 
part  of  the  United 
les  of  one  belliger- 
t  the  commerce  of 
ue  such  orders,  un<^ 
;  to  the  law  of  na< 

ts  of  the  American 
nt  in  the  history  of 
I  upon  the  British 
ion  on  the  part  of 
rs  had  not  been  tn- 
n  of  the  Berlin  de- 
ifRrmed  to  be  a  de- 
of  the  llthoTNo* 
ports  and  places  of 
ir  with  his  mtueety,  . 

I  llic  mix  of  Marcit, 
I  the  20th  of  Marct**-' ' 


and  uU  other  ports  or  places  in  Europe*,  tSroiu  whicli  aiihougit  not  &i 
war  with  hid  majesty,  tlie  Liritteh  tlag  was  excluded,  and  ail  ports  pf 
piaceij  in  the  coltmlcs  Itelonging  tu  his  majesty's  enemies,  should,  from 
thenceforth,  he  sul^ject  to  tlie  same  restrictions,  in  point  uf  trade  and 
iia^  igalion,  as  if  the  aame  were  actually  Idockaded  l)y  his  majesty's  na- 
val torces,  in  the  moat  strict  and  rigorous  manner;"  that  all  trade  in 
articles  which  were  the  proiluce  or  imniifucture  of  the  said  countries  or 
colonies,  should  be  deemed  and  coosidered  to  he  mdnwful;"  t)ut  that 
neutral  vessels  should  still  be  permitted  to  trade  with  France  from  cer- 
tain free  ports,  or  through  ports  and  plact  s  uf  the  Urilisli  dominions.* 
To  ixcept  the  lawful  enjoyment  ol  a  risfht,  as  the  grant  of  a  superior: 
to  prosecute  a  lawful  commerce,  under  llii:  forms  ol.  favor  and  i:.dul- 
gence;  and  to  pay  a  tribute  to  Great  Britain,  for  the  privilege  of  a  law* 
fiul  transit  on  the  ocean;  were  concessions,  which  Great  Britain  w&p 
disposed,  insidiously,  to  exact,  by  an  appeal  to  the  cupidity  of  individ- 
uals, but  which  the  United  States  could  never  yield;  consistently  with 
the  independence  and  sovereignty  of  the  nation.  The  orders  in  coun-. 
oil  were,  therefore,  altered,  in  this  respect,  at  a  subsequent  period  ;t 
but  the  general  interdict  of  neutral  commerce,  applying,  more  especial-  ■ 
ly  to  American  commerce,  was  obstinately  maintained,  against  all  the 
b»rce  of  reason,  of  remonstrance,  and  of  protestation,  employed  by  th« 
American  government,  when  the  subject  "was  presented  to  its  consid* 
uration,  Ijy  the  British  minister  residing  nt  Washington.  The  fact  as- 
sumed as  the  Itasis  of  the  orders  in  council  was  unequivocally  disown- 
ed; and  it  was  denionstrattnl,  that  so  far  from  its  tieing  true,  "  that  the 
United  Stales  had  acquiesced  in  the  illegal  operation  of  the  Berlin  de* 
cre«,  it  was  not  even  true  that  at  the  date  of  the  British  orders  of  the 
i  Itb  of  November,  1807,  a  single  application  of  that  decree  to  the  com-. 
merce  of  the  United  States,  on  the  high  seas,  could  ha\  e  been  known 
to  the  British  government;"  while  the  British  government  bad  l»etu  of- 
ficially informed  by  the  American  minister  at  Lonilon,  "that  eYftlana- 
tions,  uncontradicted  by  any  overt  act  had  been  given  to  the  Ameri- 
can minister  at  Paris,  which  justified  a  reliance  that  the  French  decree 
would  not  he  put  in  force  against  the  United  States."): 

The  British  orders  of  the  11th  of  November,  1807,  were  quickly  fol- 
lowed by  the  French  decree  tif  Milan,  dated  the  1 7tli  of  December* 
1807,  "  which  waa  said  to  be  resorted  to,  only  in  just  retaliation  of  the 
barbarous  system  adopted  by  England  and  in  whieh  the  denationalizing 
tendency  of  the' orders,  is  made  the  foundation  of  a  declaration  in  the 
decree,  "  that  every  ship  to  whatever  nation  it  might  belong,  that 
ahould  have  submitted  to  be  searchefl  by  an  English  ship,  or  to  a  voy- 
age to  England,  or  should  have  paid  any  tix  whatsoever  to  the  Eng- 
lish government,  was  thereby,  and  for  that  alone,  declaretl  to  be  «U;na 
tionaiised,  to  have  forfeited  the  protection  of  its  sovereign,  and  to  h:ive 
heoome  English  property,  subject  to  capture  as  gootl  and  lawful  pii7,e : 
that  the  British  Island*  were  placed  in  a  state  of  blockade,  both  by  gea 

**  Sec  the  orders  is  council  of  the  Itth  of  November,  1807. 
tSee  Mr.  Canning's  letter  to  Mr.  finkney,  2Sil  of  February,  in08. 
t  Sec  Mr.  flrtiiine's  letter  to  the  fecretnry  of  s^tatp,  dated  the  22(1  of  FelirMurv. 
i308 ;  an4  ^e  answer  of  tUe  (tccrctary  of  Mnle,  dated  the  CStb  of  March,  IGOR.' 


if 


m\i 


h.,k^ 


tH'' 


J^ 


-:S> 


■'^r 


:tinl  land — and  cvorj'  sliiji,  of  \\1ialev<  r  nation,  or  whatever  the  nature 
of  its  cari!;o  inicfht  1)0,  that  saih  from  the  poT\s  of  England,  or  those  of 
the  English  colonies,  and  of  the  countries  occupied  by  English  trooiis, 
and  proceeding  to  England,  or  to  the  English  colonies,  or  to  countries 
occupied  by  English  troops,  should  be  good  and  lawful  prize ;  but  liie 
provisions  of  the  decree  should  be  abrogated  and  null,  in  fact,  as  soon 
as  the  English  should  abide  again  by  the  principles  of  the  law  of  na- 
tions,  which  arc,  also,  the  principles  of  justice  and  honor."*  In  ojtpo- 
Bition  however,  to  the  Milan  decree,  as  well  as  to  the  Berlin  decree, 
the  American  government  strenously  and  unceasingly  employed  every 
instrument  except  the  Instrument  of  war.  It  acted  precisely  towards 
France,  as  it  act^d  towards  Great  Britain,  on  similar  occasions ;  but 
France  remain^,  for  a  time,  n»  insensible  to  the  claims  of  justice  and 
honor,  ns  Gren/:  Britain,  each  imitating  the  other,  in  extravagance  of 
pretensions,  nnd  olistinacy  of  purpose. 

When  the  American  government  received  intelligence,  that  the  or- 
ders of  ttie  11th  of  November,  1807,  has  been  under  the  consideration 
of  the  British  cabinet,  and  were  actually  prepared  for  promulgation,  it 
was  nntici|uited  that  France,  in  a  xealous  prosecution  of  the  retaliatory 
Tiarefarc,  would  soon  produce  an  act  of,  at  least,  equ  \\  injustice  and 
hostility.  The  crisis  existed,  therefore,  at  which  the  United  States 
were  compelled  to  decide  either  to  withdraw  their  seafaring  citizens, 
and  their  commercial  wealth  from  the  ocean,  or  to  leave  the  interests 
of  the  mariner  and  the  merchant  exposed  to  certain  destruction;  or  to 
engage  in  open  and  active  war,  for  the  protection  and  defence  of  those 
interests.  The  principles  and  the  habits  of  the  American  government, 
were  still  disposed  to  neutrality  and  peace.  In  weighing  the  nature 
and  the  amount  of  (he  aggressions,  which  hjid  been  |)crpetrated,  or 
which  were  threatened,  if  there  were  any  preponderance  to  determine 
the  balance,  (igainst  one  of  the  belligerent  powers,  rather  than  theoth- 
er,  as  the  object  of  a  declaration  of  war;  it  was  against  Great  Britain^ 
at  least,  upon  the  vital  interests  of  impressment;  and  the  obvious  su- 
periority of  her  naval  means  of  annoyance.  The  French  decrees,  were, 
indeed  as  obnoxious  in  their  formation  and  debign  as  the  British  orders ; 
but  the  government  of  France  claimed  and  exercised  no  right  of  im- 
pressment ;  and  the  maritime  spoliations  of  France  were  comparative- 
ly restricted  not  only  by  her  own  weiikness  on  the  ocean,  but  by  the 
constant  and  pervading  vigilence  of  the  fleets  of  her  enemy.  The  dif- 
fteulty  of  selection;  the  indiscretion  of  encountering,  at  once,  both  of 
the  nlTending  powers;  and,  above  all,  the  hope  of  an  earty  return  of 
,jti8ticc,  under  the  dispensiii  ions  of  the  ancient  public  law,  prevailed  in 
the  councils  of  the  American  government;  and  it  was  resolved  to  at- 
tempt the  preservation  of  its  neutrality  and  its  peace;  of  its  citizens, 
and  its  resources;  by  a  voluntary  suspension  of  the  commerce  and  nav- 
igation of  the  United  States.  It  is  true,  that  for  the  minor  outrages 
committed,  under  the  pretext  of  the  rule  of  war  of  1 758,  the  citizens  of 
every  denomination  had  demanded  from  their  government,  in  the  year 
1805,  protection  and  redress;  it  is  true,  that  for  the  unparalleled  enor- 
mities of  the  year  1807,  the  citizens  of  every  denomination  again  de- 

»  Sco  the  Milan  decree  of  the  17tli  of  Bccerober,  180T. 


si 


whatever  Iheuatufo 
England,  or  those  of 

by  English  truuiis, 
lies,  or  to  countries 
»ful  pri7.e ;  but  llic 
lull,  in  fact,  as  sooo 
s  of  the  law  of  na- 
honor."*  Inoppo- 
j  the  Berlin  «lecree, 
igly  employed  every 
?il  precisely  tow.irds 
ilar  occasions ;  but 
laims  of  justice  and 

in  extravagance  of 

ligence,  that  the  or- 
er  the  consideration 
for  promulgation,  it 
ion  of  the  retaliatory 
e(|U  il  ii\)u8tice  and 
h  the  United  States 
r  seafaring  citizens, 
o  leave  the  interests 
n  destruction ;  or  to 
and  defence  of  those 
nerican  government, 
weighing  the  nature 
)een  perpetrated,  or 
eraiicc  to  determine 
rather  than  theoth- 
;ainst  Great  Britain* 
and  the  obvious  su- 
rench  decrees,  were, 
IS  the  British  orders ; 
ised  no  right  of  im- 
e  were  comparative- 
le  ocean,  but  by  the 
er  enemy.     The  dif- 
ng,  at  once,  both  oF 
f  an  eariy  return  of 
lie  law,  prevailed  in 
t  was  resolved  to  at- 
ice ;    of  its  citizens, 
commerce  and  nav- 
r  the  minor  outrages 
756,  the  citizens  of 
ernment,  in  the  year 
e  unparalleled  enor- 
ominatioQ  again  de> 


manded  from  their  government  protection  ami  redress;  but  it  is  also,  e 
trutli,  conclusively  established  by  every  manifestation  vi  the  sense  of 
the  American  people,  as  well  as  of  their  government,  that  any  honura- 
blc  means  of  protectioa  and  redress,  were  preferred  to  the  hiRt  resort  of 
arms.  The  American  government  might  honorably  retire,  for  a  time, 
from  a  scene  of  conflict  and  collision ;  but  it  could  no  longer,  with 
honor,  permit  its  flag  to  be  insulted,  its  citizens  to  be  enslaved,and  its 
property  to  l)e  plundered,  on  the  highway  of  nations. 

Under  these  impressions,  the  restrictive  system  of  the  United  States, 
was  introduced.       In  December,  1807,  an  emtiargo  was  imposed  upon 
all  American  vessels  and  merchandize;"  on  principles  similar  to  those, 
which  originated  and  regulated  the  embargo  law,  aiUhorised  to  be  laid 
by  the  President  of  the  United  States,  in  the  year  1^04 ;    but  soon  af- 
terwards, in  the  genuine  spirit  of  the  policy,  that  prescribed  the  meas> 
Ure,  it  was  declared  by  law,  "  that  in  the  event  of  such  peace,  or  sus- 
pension  of  hostilities,  bet^^een  the  belligerent  powers  of  Europe,  or 
such  changes  in  their  measures  affecting  neutral  commerce,  as  might 
render  that  of  the  Unitetl  States  safe,  in  the  judgment  of  the  Presiilent 
of  the  United  States,  he  was  authorised  to  suspend  the  embargo,  iu 
whole  or  in  part."t    The  pressure  of  the  embargo  was  thought,  however, 
so  severe  upon  every  part  of  the  community,  that  the  American  govern- 
ment, notwithstanding  the  neutral  character  of  the  measure,  determin- 
ed upon  some  relaxation ;  and,  accordingly,  the  embargo  being  raised, 
as  to  all  other  nations,  a  system  of  non-intercourse  and  non-importatiou 
was  substituted  in  March,  1800,  as  to  Great  Britain  and  France,  which 
prohibited  all  voyages  to  the  British  or  French  dominiuns,  and  all 
trade  in  articles  of  British  or  French  product  or  manufacture.!       But 
still  adhering  to  the  neutral  and  pacific  policy  of  the  government,  it 
was  declared,  "  that  the  President  of  the  United  States  should  be  au- 
thorised in  case  either  France  or  Great  Britain,  should  so  revoke,  or 
modify,  her  edicts,  as  that  they  should  cease  to  violate  the  neutral  com- 
merce of  the  United  States,  to  declare  (he  same  by  proclamation;    af- 
ter which  the  trade  of  the  United  States  might  be  renewed  with  the 
nation  BO  doing.''|  These  appeals  to  the  justice  and  the  interests  of  the 
belligerent  ftowers  proving  ineflectual ;  and  the  necessities  of  the  coun- 
try increasing,  it  was  finally  resolved  by  the  American  government,  to 
take  (he  hazanis  of  a  war;  lo  revoke  its  restrictive  sytitem ;  and  to  ex- 
elude  British  and  French  armed  vessels  from  the  harliors  and  waters  of 
the  United  States;  but,  again,  emf)hatically  to  announce,  "  that  incase 
either  Great  Britain  or  France  should,  before  the  3d  of  March,  1811, 
so  revoke,  or  modify,  her  edicts,  as  that  they  should  cease  to  violate  the 
neutral  commerce  of  the  United  States;  and  if  the  other  nation  should 
not  within  three  months  thereafter,  so  revoke,  or  modify,  her  edicts,  ia 
like  manner,"  (he  provisions  of  the  non-intercourse  and  non-im])orta- 
tion  law  should,  at  the  expiration  of  three  months,  be  reviveil  agair^f t 
the  nation  refusing,  or  neglecting,  to  revoke  or  modify  its  edict.!; 

•  S«e  the  act  of  Congress  passed  the  SSil  of  Dccenilicr,  1 807.  , 

t  See  the  act  of  CongrosN  passed  tlie  fust  day  of  Marcli,  180?- 
t  See  the  lltli  section  of  the  last  cited  net  of  Congrej";. 
,"  k«  the  Bi;t  of  Cf>;igrcss  possed  tlie  first  of  May,  IRtO. 


JV. 


4 


i.^ 


d 


im 


$ 


¥ 


IM 


'I 


In  the  cuiiiac,  vhich  the  American  govfmmtnt  had  hitWto  fnirtu 
Cil,  relativr  to  the  belligerent  orders  aiui  decrees,  the  cuDiIid  foreigner, 
as  well  as  the  (mtriutic  citizen,  may  perceive  an  extreme  sulicitude. 
for  the  preservation  of  peace;    but  in  the  publicity  and  impartiality,  ot 
the  overture,  that  was  thus  8|»rend  berorc  the  belligerent  powers,  it  it 
lm[H)saible,  that  any  indication  should  be  found,  of  foreign  influence  Oi' 
control.    The  overture  was  urged  upon  both  nations  fur  acceptance,  iit 
the  same  time,  and  in  the  same  manner;    nor  was  an  intimation  with- 
beld,  from  either  of  them,  that  "  it  might  he  regarded  by  the  beMiger- 
cnt  first  accepting  it,  as  a  promise  to  ilsetf,  and  a  warning  to  its  ene  • 
tny."*    Each  of  the  nations,  from  Ihft  commencemcftt  of  the  relaliato- 
ty  system,  acknowledged,  that  its  measures  were  violations  of  public 
law ;  and  each  pledged  itself  to  retract  them,  whenever  the  other  shouM 
set  the  example.!      Although  the  American  government,  thererefore, 
persisted  in  its  remonstrances  against  the  original  transgressions,  with- 
out regard  to  the  question  of  their  propriety,  it  embraced,  with  eager- 
liess,  every  hope  of  reconciling  the  interests  of  the  rival  |)olvere,  witM 
A  performance  of  the  duty  which  they  owed  to  thfe  neutral  character  tiC 
the  United  States :   and  when  the  British  minister,  residing  at  Wash- 
ington, in  the  year  1809,  affirmed,  in  terms  as  plain,  and  as  positive,  w 
language  could  supply,  "  that  he  was  authorised  to  declare,  that  hift 
Britannic  majesty's  orders  in  council  of  January  and  November,  1807, 
tvill  have  been  withdrawn,  as  respects  the  United  Siates,  on  the  10th 
Of  June,  1800,"  the  President  of  the  United  States  hastened,  with  ap- 
proved liberality  to  accept  the  declaration  as  conclusive  evidence,  thiM. 
the  promised  fact  would  exists  at  the  sti|)ulated  period ;    and,  by  an  iitt- 
ttiediate  proclamation  he  announced,  "  that  after  the  10th  day  of  June 
Dext,  the  trade  of  the  United  SUtes  with  Great  Britain*  aft  suspended 
by  the  non-intercourse  law,  and  by  the  acts  of  Congress  laying  and  en-^ 
ibrcing  an  embargo,  might  be  reiiewed."^    The  American  Kovemroedt 
neither  asked,  nor  received  from  the  nritish  minister,  an  exemplifica- 
fion  of  his  |)ower8;  an  inspection  of  his  instructions;  nor  iheBolemni- 
iy  of  an  order  in  council :  but  executed  the  compact,  on  the  part  of  tlife 
United  States,  in  all  the  sincerity  of  its  own  intentions ;  and  in  all  the 
confidence,  which  the  official  act  of  the  representative  of  hit  Britannic 
fliiyesty,  was  calculated  to  inspire.    The  act  and  the  authority  for  thto 
act,  were  however,  disavowed  by  Great  Britain;    and  an  attempt  wak 
made  by  the  successor  of  Erskine,  through  the  aid  of  insinuationn, 
Vfh'ich  were  indignantly  repulsed,  to  justify  the  British  r^ection  of  thto 
treaty  of  1809,  by  referring  to  the  American  rejection  of  the  treaty  tX 
1806;    forgetful  of  the  essential  points  of  difference,  that  the  BritUlh 
government,  on  the  former  occasion,  had  been  explicitly  apprised  by 
the  American  negociators  of  their  defect  of  power;  and  that  the  execii- 

*  Pee  the  correspondence  between  the  tecretary  of  State,  mi  the  AliwrlGiNB 
tninhtors  at  London  and  Paris. 

t  ^ce  the  documents  laid  beforo  Congress  from  time  to  time  by  the  Frasideat 
•and  printed. 

:t:^ee  the  correspondence  between  Mr.  ErsVine,  the  British  mintrter,  and  the 
Becrstury  of  stnte,  on  the  ITth,  l»th,  and  19th  of  April,  1809  ;  and  the  PlKendedt's 
Vroclamation  of  the  last  date. 


: 


liad  hiltiftrto  pnM 
\e  cantlid  foreigner., 
extreint!  solicit udf. 
and  Impartiality,  ol 
cerenl  powers,  it  it 
foreign  influence  tn 
IS  for  acceptance,  at 
bH  intimation  with- 
Aed  by  the  beHiger- 
warning  to  its  ene- 
lent  of  the  relnliato- 
violations  of  public 
)ver  the  other  shouki 
rnment,  thererefore. 
tranagreBslona,  wllh- 
nhraced,  with  eager- 
e  rival  jHWera,  witH 
neutral  character  ot 
r,  residing  at  Wash- 
n,  and  as  |ioritive,ae 
to  declare,  that  hl» 
,nd  November,  1807, 
I  Siates,  on  the  lOth 
;s  hastened,  tvith  ap- 
lusive  evidence,  thMt. 
riod ;    add,  by  an  im- 
he  10th  day  of  JuiiR 
Britain*  at  suspendc^A 
igi«88  laying  and  en^ 
mericaa  govemmeirt 
ister,  an  exempliftca- 
ms;  new  the  solemni- 
act,  on  the  part  of  th* 
itions ;  and  in  all  the 
itive  of  hit  Britannic 
the  authority  for  the 
and  an  attempt  wak 
aid  of  insinuationk* 
ritish  r^ection  of  ttie 
ictiob  of  the  treaty  <X 
nee,  that  the  Brithlh 
splieitly  apprised  by 
and  that  thfe  execu- 

tate,  ainJ  the  Atwrlei*! 

o  time  by  the  Preddea* 

Sritinh  minister,  and  flie 
809 ;  and  the  PMsideitt's 


33 

tion  of  the  prcijected  treaty  had  not,  on  either  side,  been  6omnenced> 
After  this  abortive  attempt  to  obtaih  a  just  and  honorable  revocatiuD 
of  the  British  onlers  in  council,  the  United  Hlutea  were  again  invited 
to  indulge  the  hope  of  safely  and  tranquility,  when  the  minuter  of 
France  announced  to  the  American  minister  at  Paris,  that  in  consider* 
ation  of  the  act  of  the  1st  of  May,  1809,  by  which  the  Congress  of  the 
United  Stales  "  engaged  to  oppose  itself  to  that  one  of  the  belligerent 
jiowers,  which  should  refuse  to  acknowledge  the  rights  of  neutrals,  ho 
vas  authorized  to  declare,  that  the  decrees  of  Berlin  and  Milan  were 
revoked,  and  that  after  the  1st  of  November,  1810,  they  would  cease  to 
have  effect;  it  JH^ing  understood,  that  in  consequence  of  that  declt:ra- 
tinn,  the  Entrlish  should  revoke  their  orders  in  council,  and  renounce 
the  new  principles  of  blockade,  which  they  had  wished  to  establish ; 
or  that  the  United  States  conformably  tn  the  net  of  Congress,  should 
cause  tlteir  rights  to  lie  respected  by  the  £nglish.''t  This  declaration, 
delivered  by  the  official  organ  of  the  government  of  France,  and  in  the 
presence,  as  it  were,  of  the  French  sovereign,  whs  of  the  highest  aU' 
thority,  according  to  all  the  rules  of  diplomatic  intercourse;  and  cerw 
tainly,  far  surpassed  any  claim  of  credrncc  w  hich  was  possessed  by  the 
British  minister,  residing  at  Washington,  when  the  arrangement  of  (he 
year  1809,  was  accepted  and  executed  by  tlie  American  government. 
The  President  of  the  United  States,  therefore,  owed  tolheconsisteno 
cy  of  his  own  ciiaracter,  and  to  the  dictates  of  a  sincere  impartiality,  a 
prompt  acceptance  of  the  French  overture :  and  accordiu>^ly,  the  au- 
thoritalive  promise,  that  the  fact  should  exist  at  the  stipulated  period, 
being  again  admitted  as  conclusive  evidence  of  its  existence,  a  procia* 
mation  was  issued  on  the  2d  of  November,  1810,  announcia.<^  "  that  the 
edicts  of  France  had  been  so  revoked,  as  that  they  ceaseil  on  the  first 
day  of  the  same  month,  to  viohite  the  neutral  commerce  of  the  United 
States ;  and  that  all  the  restrictions  imposed  by  the  act  of  Congress, 
should  then  oease  and  be  discontinued,  in  relation  to  France  and  her 
dependencies."!  That  France,  from  this  epoch,  refrained  from  all  ag- 
gressions on  the  high  seas,  or  even  in  her  own  ports,  upon  the  persons 
and  the  property  of  the  citizens  of  the  United  States,  never  was  assert- 
ed ;  but  on  the  contrary,  her  violence  and  her  spoliations  have  been  un- 
ceasing causes  of  complaint.  '  These  subsequent  injuries,  constituting 
apart  of  the  existing  reclamations  of  the  United  States,  were,  always, 
however,  disavowed  by  the  French  government;  whilst  the  repeal  of 
the  Berlin  and  Milan  decrees  has  on  every  occasion  been  affirmed ;  in- 
somuch that  Great  Britain  her8elfwa8,atlast  compelled  to  yield  to  the 
evidence  of  the  fact. 

On  the  expiration  of  three  months  from  the  date  of  the  President's 
proclamation,  the  non-intercourse  &.  non-importation  law  was,  of  course, 
to  be  revived  against  (Ireat  Britain,  unless,  during  that  period,  her  on 
ders  in  council  should  be  revoked.      The  subject  waa,  therefore,  most 

*  6m  the  correipondence  between  the  secretary  of  state,  aud  Mr.  Jackson,  tha 
Britiih  minUter. 

t  See  the  duke  de  Cadore's  letter  to  IVIr.  ArmftioM,.  datrd^the  5th  of  Augjiit. 
i810.  .  .  -° 

t  Sen  the  Prewdent^s  proclamatioD  of  the  2d  of  Nevf  mber,  1810. 


f*' 


m^A 


34 

an-KiousIy  himI  most  «lf atlily  preesert  upon  tlic  .ibbUcu  niitl  llic  ningnff* 
niinifyof  (he  BritiBh  governmeni ;  .nul  evi-n  \\\wu  llie  hope  of  succriB 
rxpimi,  l.y  the  lapw  of  the  period  prescril.e.l  in  one  act  of  (.onuresB, 
tlie  United  Htnles  opened  the  door  of  recoatitiiilion  l)y  another  act, 
whirh,  in  tlie  year  1811,  agnin  provided,  that  in  case,  at  any  time, 
«  (Jrtat  Britain  should  revoke  or  moilify  her  edicts,  as  that  they  sliiUl 
fic.'Se  to  violate  the  neutral  commerce  of  the  I'nited  States;  tlie  Pres- 
ident of  the  United  HUiles  should  declare  the  fact  l.y  proclamation; 
mid  that  the  restrictions  (.reviously  imposed,  should  from  the  date  ol 
mich  pnwlamation.  cease  and  he  discontinued."*     But  iinhH|.pily,  eve- 
ry appeal  to  the  justice  and  rtagnrtnimity  of  Great  Britain  was  now,  as 
heretofore,  fniitless  and  forlorn.  She  had  at  Ihisepocli,  imi.resHedlrora 
the  crews  of  American  mertrhant  vessels,  peaceably  navigaling  the 
hich  seas,  not  less  than  six  thousand  mariners,  who  claimed  to  be  citi- 
zens of  the  United  States,  and  who  were  denied  all  opportumly  to  ver- 
ify their  claims.      She  hud  seized  and  confiscated  the  commercial  pro- 
perty of  American  citizens,  to  an  incalculable  amount.     She  had  uiiit- 
id  in  the  enormities  of  France,  to  declare  a  great  proportion  of  the  ter- 
ranueoHs  glolie  in  a  state  of  blofekadc;  chasing  the  American  merchant 
flag  eHectually  from  the  ocean.      She  had  contemptuoiisly  disregarded 
the  neutrality  of  the  American  territory,  and  the  jurisdiction  of  the 
American  laws,  within  the  waters  and  harbors  of  the  United  btatei. 
She  was  enjoying  the  emoluments  of  a  surreptitious  trade,  stained  with 
every  species  of  fraud  and  corruption,  which  gave  to  the  belligerent 
powers,  the  advantages  of  peace,  while  the  neutral  |iowers  were  involv- 
ed in  the  evils  of  war.   She  had,  in  short  usurped  and  exercised  on  the 
water,  a  tyranny  similar  to  that  which  her  great  antagonist  had  usurp- 
ed  and  exercised  upon  the  land.     Ami.  amidst  all  these  proofs  of  ambi- 
tion, and  nvarice,  she  demanded  that  the  victimsof  her  u8iir|.ations  and 
her  violence,  should  revere  her  as  the  sole  defender  of  tlie  rights  and 

liberties  of  mankind.  .„,.,..        r  •      ,^i„^. 

When,  therefore,  Great  Britain,  in  manifest  violation  of  her  sole:ni» 
promises,  refused  to  follow  the  example  of  France,  l.y  the  repeal  of  her 
orders  in  council,  the  American  government  was  compelled  to  con  em- 
plate  a  resort  to  arms,  as  the  only  remaining  course  to  be  pursued  for 
its  honor,  its  independence,  and  its  safety.  W  hatever  depended  upon 
the  United  States  themselves,  the  United  States  had  periormed  for  the 
preservation  of  peace,  in  resistance  of  the  French  decrees,  as  well  as  of 
the  British  orders.  What  had  been  required  from  France,  m  Its  rela- 
tion to  the  neutral  character  of  the  United  States,  France  had  perform- 
ed, by  the  revocation  of  its  Beriin  and  Milan  decrees.  But  what  de- 
pended  upon  Great  Britain,  for  the  purjHwes  of  justice,  in  the  reiieal  of 
lieronlersin  council,  was  witbheld;  and  "««. evasions  were  gought, 
when  ftlie  old  were  exhausted.  It  w as,  at  one  Ume,  alle«lged.  that  sat- 
isfiictory  proof  was  not  nflfonled,  that  France  had  repealed  her  decrees 
against  the  commerce  of  the  United  Stales ;  as  if  such  i.ro.>f  "fon^J^ero 
w.  iitin-r  to  ensure  the  perf..rmnnce  ofthe  British  prom.se.f  At  anoth- 
er time"  it  was  insisteil,  that  the  re,.eal  of  the  French  decrees,  in  their 

•  tee  ihe  act  >f  Coneress  r.aswd  the  2d  of  March,  1S11. 

+  Sec  tile  c«rre.ponaence  between  Mr.  Plnlcney  an.l  the  B.it.sh  govornmot 


ice  Hud  llic  ni»gn»» 
I  lie  ho|tc  of  8UCCCW 
nc  act  of  (^ont^reii. 
Ion  Ity  another  act, 
case,  at  any  time, 
g,  as  that  thty  nlmll 
tl  Stales ;  the  Pree- 
:t  Ity  iirocliimalion; 
jlil  from  the  tlate  of 
But  Hnha|»|)ily,  eve- 
Britain  WH8  now,  M 
locli,  im|>reB8eil  from 
nhly  navijjalinK  the 
a  claimetl  to  be  cili- 
I  opportunity  to  ver- 
Die  commercial  pro- 
lunt.     Site  had  unit- 
proportion  of  the  ter- 
American  merchant 
Htuously  iliareganled 
e  juriMliction  of  the 
the  Unite«i  Statet. 
IB  tra«te,  stained  with 
ve  to  the  belligerent 
powers  were  involv* 
1104I  exercised  on  the 
inln<;oni8t  had  usurp' 
these  proofs  of  ambi- 
f  her  usurpation*  and 
ler  of  tlie  rights  and 

lation  of  her  soIptib 
.,  hy  the  repeal  of  he» 
compelled  to  contem* 
rse  to  be  pursued  for 
tever  depended  U|ion 
lad  periurmed  for  the 
decrees,  as  well  as  of 
n  France,  in  Ms  rela- 

F  ranee  had  peribrm- 
.rees.  But  what  de- 
itice,  in  the  rejieal  of 
ivasions  were  sought, 
f»e,  alletlged.  that  sat- 

repeaied  her  decrees 
lueh  ('roof  nione  were 
promise.f  At  anoth- 
?nch  decrees,  in  theii- 

if   i 

e  Biitlsh  government 


vijvraikon  nsaiiiat  the  United  Slates  in  order  to  nulhorise  a  demand  lor 
the  pei'furiiianue  of  the  ItriliMli  prumise,  inu»t  lie  lolul,  applyinif  eipially 
to  llieir  iiiUrnal  and  Iheir  external  etletls;  us  if  (lie  I'MiUd  Stiites  liml 
either  the  rij{hl,  or  the  power,  to  impose  upon  Fr-ince  the  law  of  her 
dumestic  iiiHtitulions.*  And  it  was,  tin  Ity,  iusinted,  in  a  diHpatvh  front 
Lonl  Caitlereagh  to  the  lirilitih  minister,  residini;  at  Washinfcton,  in 
(he  year  1!{I2,  which  was  odicially  communicated  to  tlie  American 
government,  "  that  the  decrein  ot  Berlin  and  Milan  must  not  be  repeal 
e<i  8inu;ly  and  specially,  in  relation  to  the  Uniie«i  Stales;  but  must  lio 
repealed,  also,  as  to  all  other  neutral  natioqs;  and  that  in  no  less  extent 
of  a  repeal  of  the  French  decrees,  had  the  British  government  ever 
pledged  itself  to  repeal  the  orders  in  council  ;*'t  as  if  it  were  incumbent 
on  the  t'nited  States,  not  only  to  assert  her  own  rights,  Lut  to  become 
the  »)iu|iutor  of  the  i;riti»h  government  in  a  gratuitous  assertion  of  the 
rights  of  all  other  nations. 

The  congress  of  the  United  Slates  could  pause  no  longer.  Under  a 
«Ieep  and  atllicting  sense  of  the  national  wrongs,  and  the  national  re- 
eeniments — while  they  "  postponed  detinitive  measures  with  respect  to 
France,  in  the  expectation  that  the  result  of  uncloHed  discussions,  be- 
tween the  American  minister  at  Paris,  and  the  French  government, 
would  speedily  enable  them  to  decide,  with  greater  advantage,  on  tliu 
course  due  to  the  rights,  the  interests,  and  the  honor  of  the  country;"! 
they  pronounced  a  deliberate  and  solemn  declaration  of  war,  between 
6reat  Britain  and  the  United  States  on  the  lath  of  June,  1812. 

But,  it  is  in  the  face  of  all  the  facts,  which  have  Iteen  displayed,  in 
the  present  narrative,  tliat  the  prince  regent,  by  his  declaration  of  Jan- 
uary, 1813,  descrilies  the  United  States  as  the  aggressor  in  the  war. 
If  the  act  of  declaring  war,  constitutes,  in  all  cases,  the  act  of  original 
aggression,  the  United  States  ntusi  submit  to  the  severity  of  the  re-^ 
proach;  but  if  the  act  of  declaring  war  may  be  more  truly  considered, 
as  the  result  of  long  suffering,  and  necessary  self-defence,  the  American 
government  will  stand  acquitteii,  in  the  sight  of  Heaven,  and  of  the 
world.  Have  the  United  States,  then  enslaved  tjie  subjects,  confisca- 
ted the  property,  iirostraled  the  commerce,  insulted  the  flag,  or  violated 
the  territorial  soverei/.nty  of  Great  Britain  ?  No ;  but,  in  all  these  res- 
pects the  United  States  had  sulTered,  for  a  long  period  of  years,  pi-evi- 
ously  to  the  declaration  of  war,  the  contumely  and  outrage  of  the  Brit- 
ish goverqment.  It  has  been  said,  too,  as  an  aggravation  of  the  imput- 
ed aggression,  that  the  United  States  chose  a  period,  for  their  declara> 
Aion  of  war,  when  Great  Britain  waa  struggling  for  her  own  existence, 
against  a  power,  which  threatened  to  overthrow  the  independenc  of  all 
Europe;  but  it  might  be  more  truly  said,  that  the  United  States,  not 
acting  upon  choice,  but  uiwn  comjiulsion,  delayed  the  declaration  ol" 
war,  until  the  persecutions  of  Great  Britain  had  rendered  further  delay 
destructive  and  disgraceful.    Great  Britain  bad  converted  the  commer- 

*  Ree  the  iHtem  of  Mr.  Crskine. 

t  See  the  correapondence  between  the  lecretary  of  state  and  Mr.  Foster,  the 
Brithh  minister.  In  .time,  181%. 

^Seethe  President'ii  message  of  the  lut  June,  1812  :  and  the  report  of  tLc 
vomaittee  of  foreign  relations,  to  triiora  the  messBgc  was  rrferrc*. 


J 


IL.' 


/K 


I 


4i 


t  ? 


ti 


ic" 


■  J 


>'i  i«ii 


ifi 


■«i 


II 


cinl  icnnes  of  Arafnt'an  opulcncfl  nnd  pToj|ii"ri«  \ ,  into  kit-niicH  i»i  <iui- 
imriilivr  |H)Vt<rly  anti  iliiilri'SH;  pIi«*  hail  lirnii(;lit  tin-  fxislt-nc*-  of  llici 
Unitftl  StHtt'fi  H*  nil  in<U-|irii(lfitt  nntion,  into  qiirittioii;  itml,  iur«!l.v.  \t 
iniiil  hikve  been  iinlirt'erciit  to  li.o  I'liitHl  StHten,  >vli«-tlier  (licy  rcii<«fd 
to  fxigl  nil  nil  iiKl«>|»«'ii(lent  nation,  l)y  h»!r  coniluct,  wliiln  slie  (iroifttsttl 
fri«'mliihi|i,  or  liy  her  comliict,  when  nhc  uvowril  cntnity  ami  rrvpii^c. 
Muf  is  it  Iriif,  that  the  rxistincc  of  Oreat  Hrilnin  whs  in  danger,  nl  llio 
¥|iocli  uf  lh«  declifalion  or  nnr.  The  American  government  iinit'orm' 
ly  enlertaliieil  an  njtposite  opinion;  and,  at  all  limp«,  mw  more  tu  'ip- 
prehend  for  llie  United  Stutefi,  from  \u:t  maritime  power,  tliaii  I'roiii  t!i« 
lerritorial  power  of  her  enemy.  Tlie  event  has  justified  the  o|>inion, 
nnd  the  appreheniion.  Hut  what  llic  United  States aaked,  a.4  essi  iitial 
to  their  welfare,  and  even  us  Iteneiiciai  to  the  allies  of  Great  liritain, 
in  the  European  war,  Ureat  Hritain,  it  is  manifest,  mi^lit  |inve  granted, 
without  im|Kiiring  the  resources  of  her  own  strenKtli,  or  the  splendor 
of  li«T  own  Bovereittnty ;  for  her  orders  in  council  have  heen  since  re- 
Toked ;  not,  it  is  true,  us  the  performance  of  her  promise,  to  foll«>w,  iii 
this  respect,  the  example  of  Fniiire,  since  she  finally  rested  the  oliliga* 
tion  of  that  promise,  upon  a  repeal  of  the  French  decrees,  m  to  all  iia* 
tions ;  and  the  rfipeal  was  only  ns  to  the  United  States ;  nor  as  an  act 
uf  natiooaljusticc  towards  the  United  folates ;  but,  simply,  n^  an  act  of 
domestic  |)olicy,  for  the  special  advantage  of  her  own  peofile. 

The  British  government  h.-.8,  also,  deEcribcd  the  war,  asn  wnrnf  ai;> 
Krandizcment  and  conquest,  on  the  part  of  the  United  Htates :  but, 
tvhere  it  the  foundation  for  the  charge  i  While  the  American  govern- 
ment employed  every  means  to  dissuade  the  Indians,  even  those  who 
live«l  'ivithin  the  territory,  and  \vcre  supplied  by  the  bounty  of  the  Uni- 
ted States,  from  taking  any  part  in  the  war,  *the  proofs  were  irresista- 
ble,  that  the  enemy  pursued  a  very  diflercnt  course  ;t  and  that  every 
precaution  would  lie  necessary,  to  prevent  the  eflects  of  an  offensive  al- 
liance between  the  British  troops  and  the  savages,  throughout  the  north- 
ern frontier  of  the  United  State8.~The  military  occupation  of  Upper 
Canada  was,  therefore  deemed  indispensililo  to  the  safety  of  that  fron- 
tier, in  the  earlieat  movements  of  the  war,  independent  of  all  views  oC 
extending  the  territorial  boundary  of  the  United  States.  But,  when 
war  was  declared,  in  resentment  for  ii\juries,  which  hod  been  suffered 
■upon  the  Atlantic,  what  principle  of  public  law,  what  modification  of 
Civilized  warfare,  imposed  u|ion  the  United  Staleo  the  duty  of  abstain- 
ing from  the  invasion  of  the  Gnnadas  ?  It  was  there  alone,  that  the  Uni- 
ted States  could  place  themselves  upon  an  equal  footing  of  military- 
force  with  Great  Britain;  and  it  was  there,  that  they  might  reasonably 
encourage  the  hope  of  being  able,  in  the  prosecution  of  a  lawful  retaU 
iation,  "  to  restrain  the  ^olence  of  the  enemy,  and  to  retort  upon  him, 
the  evils  of  his  own  injustice."  The  proclamations  issued  by  the  Amer- 
ican commanders,  on  enterine  Upper  Canada,  have,  however,  been 
adduced  by  the  British  negociators  at  Ghent,  as  tlie  proofs  of  a  spirit 

*  S«e  the  proceedings  of  the  councils,  held  with  the  Indians,  during  the  exp^ 
dition  under  brig.  gen.  Hull ;  and  the  talk  delivere<l  by  the  presittent  of  the  Vm* 
ted  fiUtet,  to  the  Kix  Natinno,  at  AV^ashingtun,  on  the  8th  of  April,  1813, 

¥Sm  the  documents  laid  before  Copgrega,  on  Uie  ISth  of  J(ine,  1812.    t  ^  f 


ut  nofiioH  til  <  r.ui» 
vxisii-nc*'  of  tlie 
hi;  nnil,  »un'ly.  \*. 
filler  tlif J  ct'ii'»«'d 
liilt!  »hi'  (irulf)*H»a 
nity  iiml  rpvc>ii)rc« 
B  ill  ilim^fT,  nl  llm 
•crnm«*nt  iinilorm' 
R,  miw  iiiorf  to  <i|>- 
wer,  tlmii  I'ruiii  lit* 
ilifii'd  th«'  u|)inion, 
askt'd,  11.4  t-Hst  lit  iai 
of  Grrat  liritain, 
liKiit  linve  Kruntt-il, 
li,  nr  ihe  ii|)lciiilur 
iBV«  hecn  «inco  re- 
iiniie,  to  follow,  in 
(T  resteil  llie  oUiiRa- 
'cn-es,  Ht  to  till  iia* 
Irs ;    nor  at  an  act 
limply,  n^  an  act  of 
n  ))Co|»lc. 

war,  as  a  war  of  at;» 
ilteil  HtateR :    but, 
American  govcm- 
18,  even  those  who 
bounty  of  the  Uni- 
oofs  were  irresista- 
;t   and  that  every 
B  of  an  oflensive  al- 
roughout  the  north- 
oiipationor  Upper 
safety  of  that  fron- 
lent  of  all  views  oC 
iates.      But,  when 
I  had  been  suffered 
rhat  modification  of 
he  duty  of  abstain- 
ilone,  that  the  Uni- 
footing  of  military 
y  might  reasonably 
in  of  a  lawful  retal* 
to  retort  upon  him, 
ssued  by  the  Amer> 
vet,  however,  been 
le  proofs  of  a  spirit 

nns,  during  the  •xp^ 
I  presMent  of  the  Urn- 
of  April.  1813. 

JAne,  1812. 


3^. 

oTfliBliiliunand  n{(gran«ii«emcnt.  on  llic  part  of  tluir  gtivcrnniciit  la 
tnilli,  tli«-  |ir«>t'laniati<iii«  wtre  nut  only  iinaiiilioriicil  ami  tliDapiirovid, 
bill  wt*re  iiifriit'tiuuiufllio  positive  initlriK'.liiuiM,  wliicli  had  li«>i>ti);i\«  n, 
f(»r  (lie  routliict  of  lliv  war  in  Canada.  \V  lieu  Iho  (j;cn«Til  «'.nniinaiulini; 
the  north-western  army  of  Ihe  fniU'd  SLiCt^i,  ncfivtd,  on  tli«- '..'  llli  ut' 
June,  lUl'J,  his  tint  authority  to  coniinriDro  olVi-nHivo  openitiunn,  liu 
wan  rspecialiy  told,  " he  must  not  coiikitlc  ItiiiiMcIf  .MillioriHid  to  |i|fili;4; 
the  ((ovt-riiinent  to  ttie  InhabitanH  of  (  »  ..uia,  rurllicr  lliiin  aSMiiraiuM  a 
of  prutrcliuii  in  tlieir  iiersons,  property,  and  rii;lilrt.''  And  on  the  «  n- 
{iiiiiiK  1st  of  Aii^ust,  it  woseinpliatically  diclarcd  to  him,  '  thiil  it  luid 
becomrlieresstiry,  that  he  should  nut  lose  i<i(;lil  of  llii!  iiitttriiclionfi  of 
the  4!'Uh  uf  June,  as  any  plei^e  iit^nnd  Ih.tl,  was  iiicnni|iatilil«<  with 
the  vi«-w»  of  the  government."*  Hueli  was  the  nature  of  the  rliarf.e  of 
American  ambition  and  aKgrandi/eiiunI,  and  such  thn evidence  to sujk 
port  it. 

The  prince  regent  has,  however,  endeavored  to  add  to  those  unfoiin* 
(]rd  acciisatiuiis,  a  stigma,  at  which  the  pride  of  the  Arnerienn  govern- 
luent  revolts.  Listening  to  the  fahriratioiKi  of  llriliaii  emissaries;  {rath- 
ering  scandals  from  the  abuses  of  a  free  prcus ;  and  misled,  perlia()^,  hy 
the  asperities  uf  a  party  s|)irit,  common  to  all  free  governmrnts  ;  he  tii- 
feuts  to  trace  the  origin  of  tlie  war  to  "  a  niarknl  partiality,  in  |ialliitt- 
ing  and  assisting  the  aggressive  lyrr.nny  of  France;"  and  "  to  the  |iii< 
valence  of  sucji  councils,  as  as8u<;iHted  the  United  Hliitrx,  in  policy, 
with  the  government  of  that  nation.")  The  conduct  of  the  Ainerienn 
government  is  now  open  to  every  scrutiny ;  and  its  vindication  i.^  \n 
■e|>aralile  from  a  knowledge  of  the  factE.  All  the  world  mii»t  he  »en- 
■ible,  indeed,  tliat  neither  in  the  geni>ral  policy  of  the  Inte  ruler  nl 
France,  nor  in  his  particular  treatment  of  the  United  Slates,  could  (herr 
exist  any  |tolitical  or  rational  foundation,  for  the  sjmpaliiies  and  asso. 
ciatiuns  overt  or  cl.'^ndestine,  wliich  have  been  rudely  and  unfnirly  Hue;« 
gested.  It  is  equally  obviuun,  that  nothing  short  of  the  aggressive  tyi> 
unny,  exercised  by  Great  Britain  towanis  tiie  United  Ktates,  could 
bave  counteracted  and  controlled  tbiwc  tendencies  to  pence  and  anuiy, 
Ivhich  derived  their  impulse  from  natural  and  social  causes;  rumhin- 
ing  the  aflections  and  interests  of  Iho  two  nations.  The  American  gov- 
ernment, faithful  to  that  principle  of  puhljc  law,  wliich  acknowledcirn 
the  authority  of  all  governments,  established  dc/arlo;  and  conrorniiii^.: 
its  practice,  in  this  respect,  to  Uic  example  of  Kurope,  has  never  con- 
tested tlie  validity  of  the  governments  auccetisivcly  established  in 
France;  nor  refrained  from  that  intercourse  witli  either  of  them,  wliieli 
the  just  interests  of  tlie  United  States  required.  But  the  British  cahi- 
net  is  diallenged  to  produce,  from  the  recesses  of  its  secret,  o:  of  itr. 
public  archives,  a  single  instance  of  unworthy  concessions,  nr  of  po- 
litical alliance  and  combination,  throughout  the  intercourse  of  the  Uni- 
ted States,  with  the  revolutionary  rulers  of  France.  Was  it  the  influ- 
ence of  French  councils,  tliat  induced  the  American  government  io  re- 
■ist  the  pretentions  of  France,  in  1793,  and  tu  encounter  her  hontiliticr 

*  S«  the  letters  from  the  nccrrtary  of  the  war  f^epartment,  to  brig.  zen.  IInD. 
Jsted  the  24th  of  .lune,  and  the  1st  of  Auftiist,  IRIS.  •  . 

♦  Sco  the  British  declaration,  of  the  10th  of  .Innitlry,  IBl?.        =*  ''*  ■''*** 


. 


I 


V 


I 


» r 


^-4 


t  ^'i 


•'i 


r  *': 


tin 


m 


Ml  1 70B  ?  thai  led  (o  the  ratification  ol'  the  British  treaty  in  1 7f>3 ; '  to 
the  liritish  negocintion  in  1805,  and  to  the  convention  of  the  British 
iniui8ter  in  1801)?  that  dictated  the  impartial  overtures,  which  were 
msMle  to  Great  Britain,  as  well  as  to  France,  during  the  whole  period  of 
the  restrictive  systeni?  that  produced  the  determination  to  avoid  mak- 
ing  any  treaty,  even  a  treaty  of  commerce,  with  France,  until  the  out- 
rage of  the  Rambouilet  decree  was  repaired  ?*  that  sanctioned  the  re- 
peated und  urgent  cfTorls  of  the  American  government,  to  put  an  end 
to  the  war,  almost  as  soon  as  it  was  declared  ?  or  that,  finally,  prompt- 
ed the  explicit  communication,  which,  in  pursuance  of  instructions,  wa* 
made  by  (he  Amsrican  minister,  at  8t.  Petersbiirgh,  to  the  court  of 
Russia,  staling,  "  (hat  (he  principal  Bubjects  of  discussion,  which  had 
long  been  subsisling  between  the  United  States  and  France,  remained 
unsettled ;  that  (here  was  no  immediate  prospect,  that  there  would  Ite 
a  satisfactory  setdement  of  them;  but  (hat,  whatever  the  event,  in  that 
respect,  might  be,  it  was  not  the  intention  of  the  government  of  the 
United  S(a(es  (o  enter  into  any  moreintimateconnexious  with  France) 
that  the  government  of  the  United  States  did  not  anticipate  any  event 
whatever,  that  could  produce  that  effect ;  and  thav  the  American  min- 
ister was  the  more  happy  to  find  himself  authorized  by  his  government 
to  avow  this  intention  as  different  representations  of  their  views  had 
been  widely  circulated,  as  well  in  Europe,  as  in  America.'^f  But,  while 
every  act  of  the  American  government  thus  falsifies  the  charge  of  a 
subserviency  to  the  policy  of  France,  it  may  be  justly  remarked,  that 
of  all  the  governments,  maintaining  a  necessary  relation  and  inter- 
course with  that  nation,  from  the  commencement,  to  the  recent  termi- 
nation of  the  revolutionary  establishments,  it  lias  liappened  that  the 
government  of  the  United  States  has  least  exhibited  marks  of  conde- 
scension and  concession  to  the  successive  rulers.  It  is  for  Great 
Britain,  more  particularly  as  an  accuser,  to  examine  and  explain  the 
consistency  of  the  reproaches,  which  she  has  uttered  against  the  Uni- 
ted Slates,  with  the  course  of  her  own  conduct ;  with  her  re[)eated  ne- 
gociations,  during  the  republican,  as  well  as  during  the  imperial  sway 
of  France:  with  her  solicitude  to  make  and  propose  treaties;  with  her 
interchange  of  commercial  benefits,  so  irreconcilable  to  a  state  of  war  i 
with  (he  almost  triumphant  entry  of  a  French  ambHssador  into  her  ca])-. 
ital,  amidst  the  acclamations  of  the  populace;  and  with  the  prosecu- 
tion, instituted  by  the  orders  of  the  king  of  Great  Britain  himself,  in 
the  highest  court  of  criminal  Jurisdiction  in  his  kingdom,  to  punish  the 
printer  of  a  gazette,  for  [lublishing  a  liiiel  on  the  conduct  and  character 
of  the  late  ruler  of  Prance !  Whatever  may  he  the  source  of  these  symp- 
toms, however  they  may  indicate  a  suliservient  policy,  such  symptoms 
have  never  occured  in  the  United  States,  throughout  the  imperial  guv- 
t'mment  of  Prance.      / 

The  conduct  of  the  United  States,  from  the  moment  of  declaring  the 
war,  will  serve,  as  well  as  their  previous  conduct,  to  rescue  them  from 

*  Spp  thr  iDNtnictinni  from  the  necretary  of  state  to  the  American  minister  a| 
Paris,  dated  the  29th  of  May,  t8t3. 

fSte  Mr.  MonroeV  letter  to  Mr.  Aiianis,  dated,  the  tstof  July,  1812;  aikV 
?Ir.  Avhm's  letter  lo  Tlr.  Monroe,  dated  tbo  11th  of  December,  1812. 


ritish  treaty  in  1?{>^;  ta 
;oi)vention  of  the  British 
I  overtureB,  which  were 
luring  the  whole  period  of 
termination  to  avoid  mak* 
ith  France,  until  the  out- 
''  that  Banctioned  the  re- 
tvernment,  to  put  an  end 
?  or  that,  finally,  prom|)t- 
uance  of  instructions,  wa* 
ersttnrgh,  to  the  court  of 
of  discussion,  which  had 
tea  and  France,  remained 
pect,  that  there  would  he 
whatever  the  event,  in  that 
)f  the  government  of  the 
connexions  with  France; 

not  anticipate  any  event 
1  thav.  the  American  min- 
lorized  by  his  government 
itions  of  their  views  had 
in  AmeriGB."t  But,  while 
B  falsifies  the  charge  of  a 
be  justly  remarked,  that 
!S8ary  relation  and  inter- 
nent,  to  the  recent  termi-< 

it  has  happened  that  the 
xbibited  marks  of  conde^ 

rulers.  It  is  for  Great 
ixamine  and  explain  the 
1  uttered  against  the  Uni- 
ct ;  with  her  re|)eated  ne- 
during  the  imperial  sway 
>ropo8e  treaties;  with  her 
ncilable  to  a  state  of  war) 
\\  ambassador  into.her  caji- 
! ;  and  with  the  proeecii- 
Breat  Britain  himself,  in 
is  kiag(k>m,  to  punish  the 
the  conduct  and  character 
!  the  source  of  these  symp- 
tnt  policy,  such  symptoms 
aughout  the  imperial  gov-. 

e  moment  of  declaring  the 
luct,  to  rescue  them  from 

to  the  American  minister  at 

the  tstof  July,  1812;  aD4 
if  December,  1812. 


4he  unjust  repjoacbei  of  Great  Britain.  Whea  war  was  declared,  thjB- 
orders  in  council  had  been  maintained,  with  inexQr>!.ble  hostility,  until 
a  thousand  American  vessels,  wif  'heir  cargoes',  had  been  seizetl  and 
confiscated,  under  their  operation ;  the  British  minister  at  Washington 
had,  with  peculi.ir  solemnity,  announced  that  the  orders  would  not  be  re- 
pealed, but  upon  conditions,  which  the  American  government  had  not 
the  right,  nor  the  power,  to  fulfil ;  and  the  European  war,  which  bad 
raged,  with  little  intermission  for  twenty  years,  threatened  an  indefi- 
nite continuance.  Under  these  circumstances,  a  repeal  of  the  orders* 
and  a  cessation  of  the  iiyuries,  which  they  produced,  were  events  be- 
yond all  rational  anticipation.  ,  It  appears,  however,  that  the  orders, 
under  the  influence  of  a  parliamentary  enquiry  into  their  efl'ects  upon 
the  trade  and  manufactures  of  Great  Britain,  were  provisionally  repealed 
on  the  23d  of  June,  1812,  a  few  days  subsequent  to  the  American  dec- 
laration of  war.  If  this  repeal  had  been  made  known  to  the  Lnited 
States,  before  their  resort  to  arms,  the  repeal  would  have  arrested  it ; 
and  that  cause  of  war  being  removed,  the  other  essential  cause,  the 
practice  of  impressment,  would  have  been  the  subject  of  renewed  nego- 
ciation,  under  the  auspicious  influence  of  a  partial,  yet  important  act  of 
reconciliation.  But  the  declaration  of  war,  having  announced  the  prac- 
tice of  impressment,  as  a  principal  cause,  peace  could  only  lie  the  re«- 
sult  of  an  ejtpress  abandonment  of  the  practice ;  of  a  suspension  of  iho. 
practice  for  the  purposes  of  negociation ;  or  of  a  cessation  of  actual  suf- 
Krence,  in  consequence  of  a  pacification  in  Europe,  which  would  de- 
prive Great  Britain  of  every  motive  for  continuing  the  practice. 

Hence,  when  early  intimations  were  given,  from  Halifax  and  fronj 
Canada,  of  a  disposition,  on  the  part  of  the  local  authorities  to  enter  in- 
tp  an  armistice,  the  power  of  those  authorities  was  so  doubtful,  the  ob- 
jects of  the  armistice  were  so  limited,  and  the  immediate  advantages  ol* 
the  measure  were  so  «n,irely  on  the  side  of  the  enemy,  that  the  Amer- 
ican government  could  not,  consistently  with  its  duty,  embrace  the  pro- 
positions.* But  some  hope  of  an  amicable  atyustment  was  inspired, 
>when  a  communication  was  received  from  admiral  Warren,  in  Septem- 
ber, 1812,  stating  that  he  was  commanded  by  his  government,  to  pro- 
pose, on  the  one  hand,  "  that  the  government  of  the  United  States 
should,  instantly,  recall  their  letters  of  marque  and  reiirisal  against  Brit- 
ish ships,  togethef  with  all  orders  and  instructions  for  any  acts  of  hos-' 
tility  whatever  against  the  territories  of  his  mt^jesty,  or  the  persons  and 
property  of  his  subjects ;"  and  to  promise,  on  the  other  hand,  if  the 
American  pnv€'rnmt;nt  acquiesced  in  the  prere«flug  proposition,  that  in- 
structions should  tw  issued  to  the  British  squadrons,  to  discontinue  hos- 
tilities against  the  United  States  and  their  citizens.  This  overture, 
however,  whs  subject  to  a  further  qualifioition,  "  that  should  the  Amer- 
■  Scan  government  accede  t«)  the  proposal  for  terminating  hostilities,  the 
British  admiral  was  authorised  to  arrange  with  the  American  govern- 
nent,  as  to  the  revocation  of  the  laws,  which  interdict  the  commerce 

'       •  See  letters  from  the  department  of  ptate  to  Mr.  Baste!,  dated  the  9th  and  iOth 
!  of  August,  1812,  and  Mr.  Ijrabani'i  memorandum  *i  a  eonveisation  with  Mr. 
*Bak«r,  the  British  (lecrctary  of  legation,  enclosed  in  the  last  letter.      See  aleo^ 
Hr.  Monroe's  letter  to  Mr.  Ruuel,  dated  the  Slst  of  August,  1812. 


iiU*' 


.^ 


%m 


..d^ 


Pi-. 


ajid  ships  of  war  of  Great  Britain  from  the  harbors  and  waters  ol'  thfe 
United  States ;  but  that  In  default  of  such  revocation,  within  the  rea- 
sonable period  to  be  agreed  upon,  the  orders  in  council  would  be  re- 
vived."* The  American  government,  at  once,  expressed  a  disiMnition 
to  embrace  the  general  proposition  for  a  cessation  of  hostilities,  with 
a  view  to  negociation;  declared  that  no  peace  could  be  durable,  unless 
the  essential  object  of  impressment  was  ai^justed;  and  ofibred  as  the 
basis  of  the  adjustment,  to  prohibit  the  employment  of  British  subjects 
in  Jhe  naval  or  commercial  service  of  the  United  States;  but  adhering 
to  its  determination  of  obtaining  a  teli«f  from  actual  sufferance,  the  sus- 
pension of  the  practice  of  impressment,  pending  tlie  proposetl  armistice, 
was  deemed  a  necessary  consequence ;  for  "  it  could  not  be  presumed, 
while  the  parties  were  engaged  in  a  negociation  to  adjust  Amicably  thle 
imi»ortqnt  difference,  that  the  United  States  would  admit  the  right,  or 
acquiesce  in  the  practice,  of  the  opposite  party;  or  that  Great  Britain 
would  be  willing  to  restrain  her  cruizers  from  a  practice,  whi«b  would 
have  the  strongest  effect  tp  defeat  the  negociation.''t  So  just,  ao  rea- 
sonable,-so  indispensable,  a  prelii^inary,  without  which  the  citiseas  of 
the  United  States,  navigating  the  high  seas,  would  iki  be  placed,  by 
the  armistice,  on  an  equal  footing  with  the  sulyects  of  Great  Britain,  ad- 
miral Warren  was  not  authorised  to  accept;  and  the  effort  at  an  ami- 
cable aiQustment,  through  that  channel,  was  necessarily  abortive. 

But  long  before  the  overture  of  the  British  admiral  was  made  (a  few 
days,  indeed,  after  the  declaration  of  war)  the  reluotanee  with  which 
the  United  States  had  resorted  to  arms,  was  manifested  by  the  step* 
taken  to  arrest  the  progress  of  hostilities,  and  to  hasten  a  restoration  ot 
peace.  On  the  26th  of  June,  1812,  the  American  charge  d'affairei,  at 
London,  was  instructed  to  make  the  proposal  of  an  armistice  to  the 
British  government,  which  might  lead  to  an  adjustment  of  all  differen- 
ces, on  the  single  condition,  in  the  event  of  the  orders  in  council  bein|; 
repealed,  that  instructions  should  be  issued,  suspending  the  practice  of 
impressment  during  the  armistice.  This  proposal  was  soon  followed 
by  another,  admitting,  instead  of  positive  instructions,  an  informal  un^ 
derstanding  between  the  two  governments  on  the  siihject.|  Both  Of 
these  proposnlB  were  unhappily  rejected.||  And  when  a  third,  which  - 
leemcd  to  have  no  plea  for  hesitation,  as  it  required  no  other  preHmi* 
nary,  than  that, the  American  mlnist^  tit  London,  should  find  in  the 
British  government,  a  8inc««  disposition  to  accommodate  the  differ- 
•nce,  relative  to  impressment,  on  fair  conditions,  was  evaded.  It  was 
obvious^  that  neither  a  desire  of  peace,  nor  a  spirit  of  conciliation,  Ul* 
fluenced  the  councils  of  Great  Britain. 

Under  these  circumstances  (lie  American  gov^nment  bad  no  choice^ 
but  to  invigorate  the  war ;  and  yet  it  has  never  lost  sight  of  the  otyect 

'»  Feft  the  letter  of  admiral  Warren  to  the  secretary  of  state,  dated  at  TUXiftXia 

the  «Oth  of  September,  1812.  ^»^ 

+  See  the  letter  of  Mr.  Monroe  to  admiral  Warren,  dated  the  «Tth  of  October;' ' 

t  '^P''  thp  If-ttem  from  the  secretary  of  state  to  Mr.  Ruirel,  dated  the  Mth  of 
JiiiiR,  and  the  27th  of  July,  1812.     ■ 

ll  !^ee  ihn  rorri'.pondence  hctweeit  Mr.  Rutsel  and  lord  Castlereagh,  dated  Ao. 
gust  and  Scf  teinbrr,  lOlS—and  Mr.  Russel's  letters  to  the  secietarv  of  etatc,  da« 
^■d  l^eptcmbcr,  181?- 


ind  wale'ra  oF  tli* 
a,  %vilhin  the  rea- 
ncil  would  l)e  re- 
'886(1  a  <li8|)08ition 

hostililies,  with 
be  durable,  un\ee% 
and  oflbred  as  the 
if  British  Buhjects  ' 
itcs;  but  adhering 
ufiernnce,  the  Bue- 
roi)ose<)  armistice, 
not  be  [irestimed, 
just  •micably  this  ' 
dmit  the  right,  o^ 
liat  Great  Britain 
tice,  whi«h  ivou!<l 
So  just,  so  rea* 
ch  the  citixeBB  of 
Ik  t  be  placed,  by 
Great  Britain,  ad- 
3  effort  at  an  anii> . 
ily  abortive. 
i  was  made  (a  Tew  - 
tanee  with  which 
sled  by  the  step* 
in  a  rcBtoration  of  • 
lare^e  d'affaires,  ait 
I  armistice  to  the 
int  of  all  different 
)  in  cniinoil  being 
ig  the  practice  of  ~ 
tas soon  followeA^ 
8,  an  inrormal  un^ , 
hject.t      Both  of 
en  a  third,  whick.' 
no  other  pretimi* 
iHHild  find  in  th9.« 
no<)ate  (he  differ^  * 
B  evaded,  it  wa*  v 

conciliation,  itt,  < 

nt  bad  no  choicer  '• 
ight  of  the  olyect .: 

t,  dated  at  H«liAiV«  .^ 

iie  STtb  of  October.  ' 

.dated  the  S6th  ot  ■ 

tlereagii,  ditrd  Aa«  * 
:ict8ry  of  etatc,  da* 


II 

of  all  ju«t  wart,  a  joit  p«aM>.  The  einpcror  of  HuMifl  hating  Oiftred  hi» 
mediation  to  accompluh  that  otgect,  it  was  instantly  and  cordially  a<y 
cepted  by  the  American  govemnwat;*  bat  it  was  peremptorily  i^ae^ 
ed  by  the  British  governments  The  emptlor,  in  his  benevolence,  re- 
peated his  invitation :  the  BHtiflh  govemoMnt  again  rejected  it.  At 
last,  however.  Great  Britain^  sensible  of  the  reproach,  to  which  suck 
conduct  would  expose  her  tbfonghout  Europe,  offered  to  tha  American 
government  a  direct  negociatitm  for  peace,  and  the  offer  was  promptly^ 
embraced;  tvith  perfect  confidence,  that  the  British  govemtnent  wouUl 
be  equally  prompt  in  giving  effect  to  its  own  proposaL  But  such  was 
W  the  design  or  the  coarse  of  that  goveraMent.  The  American  en- 
voys were  immediately  appointed,  and  arrivall  at  Gottenbdrgh,  the  de*' 
•fined  scene  of  negociation.oA  the  11th  of  April,  1814,  as  soon  at  the 
seaion  admitted.  The  British  government,  though  regularly  infomh' 
ed,  that  no  time  would  be  lost,  on  the  part  of  the  United  States,  sus^ 
j^nded  the  appointment  of  its  envoy*,  until  the  aetual  arrival  of  t!ie 
American  envoys  should  be  formally  comaranicatcd.  Thia  pretention, 
however  novel  and  inauspicious,  was  tot  permitted  toobatroctthe  patk 
to  peace.  The  British  government  next  propoaed  to  tvansfer  the  n» 
gociation  from  Gettenbui^  to  Ghent^  This  change,  ^Iso,  notwKHk. 
standing  the  necessary  dehiy,  aras  allowed.  The  American  envoys  ai^ 
i^ng  at  Ghent  on  the  24th  of  June,  remained  in  a  moi  tifyihg  state  of 
suspense  andexpeotation  fitr  the  arrival  of  the  British  envoys,  until  the 
6th  of  August.  And  firom  the period  of  opening  (he  nefroeiationr,  to 
the  date  of  the  lant  despatch  of  the  31st  of  October,  it  has  beettseen 
that  the  whole  of  the  dIplMttatio  bkill  of  the  British  gevemmeot,  haa 
consisted  in  consuming  dme,  without  approaching  any  coneiusioK 
The  paei6catioB  of  Paris  had  Middenly  and  imexpcctedly  plaeed  at 
the  disposal  of  the  British  government  a  great  naval  and  military^ 
force ;  the  pride  and  pasaions  of  the  nation  were  artfully  excited  against ; 
the  United  States ;  and  a  war  of  desperate  and  barbarous  character  wai 
pfanned,  at  the  very  moment  that  the  American  governiAent,  finding  ita ' 
maritime  citiaeks  relieved,  by  the  course  of  events,  fiotn  aetual  sofliert , 
muse,  under  tlie  praetitie  of  impressment,  had  authorised  its  envoys  tia  - 
wave  those  stipulations  upon  the  subject*  which  might  otherwise  have  ' 
keen  iniispensable  piaeautions. 

fliHwrto  the  Amerl^n  government  has  shewn  the  jtistiee  of  itd  * 
eanse;  Ita  respect  for  the  ri^ts  of  other  nations ;  and  its  inherent  lovk  ' 
ef  pMM!e.  But  the  scenes  of  war  will  also  exhibit  a  striking  eohtrast,  be* 
tvaeen  the  conduct  of  the  United  States  and  the  conduct  of  Great  Brtt» 
ain.    The  saaK  insidious  policy  which  taught  the  prince  regent  todei 
fcribetke  American  government  at  the  aggrcmnr  in  the  wkft  has  i» 
dueed  tfie  British  government  (clouding  the  daylight  truth  ef  thif  tranwi 
•etion)  to«aII  the  atrocities  of  the  British  fleet  and  armies,  ia  retalfation 
■pos  tfa^  examine  of  the  American  troopH  in  Canada.      Thii  Vnited  ' 
Bfates  tender  a  aelMan  appeal  (o  the  civilised  world  u^inti  the  fabrica- 
fion  of  such  a  charge ;    and  they  vouch,  in  support  oftheir  appeal,  the 
kaaH'nti  aorala,  habita  and  pursuits  of  their  people;    tbar  character  c^ 

Mr.  KanaoeaaakSIr-  Wnifilt^tiS,  in  Match, 


MW'' 


iAk.-'^ 


42 


lliiir  civil  and  political  inBtitutions;  ami  tlie  whole  career  of  their  iia< 
vy  ;intl  their  army,  as  humune  as  it  is  brave.  U|)on  what  pretext  »Ud 
the  British  admiral,  on  the  18th  or  August,  1814,  announce  his  deter- 
minution,  "  to  destroy  and  lay  waste  such  towns  and  districts  uj)on  Ihe 
coast  na  might  lie  found  assailahle  /"*  It  was  the  pretext  of  a  request 
from  the  governor  general  of  the  Canadas,  for  aid  lo  carry  into  eliect 
measures  of  retaliation;  while,  in  fact,  the  harbiirous  nature  of  the  w.tr 
had  been  delilierately  settled  and  itrescribed  by  the  British  cabinet. 
What  could  have  lieen  the  foundation  of  such  u  request?  The  outrages 
and  the  irregularities,  which  too  ofien  occur  during  a  state  of  national 
bostilitiee,  in  violation  of  (he  laws  of  civilized  warfare,  are  always  to 
be  lamented,  disavow«il,-and  repaired  l>y  a  just  and  honorable  govern- 
ment; butii  disavowal  Uo  niad«,  and  if  repHration  l)e  otfered,  ihere  it 
no  founilation  for  retaliatory  violence.  "  Whatever  unauthorised  ir- 
tegiilarity  may  have  been  committed  by  any  of  the  troops  of  the  Uni- 
ted States,  the  Americaa  government  has  been  ready,  upon  principles  of 
sacred  and  eternal  obligation,  to  disavow  and  as  far  as  it  might  be  prac- 
ticable to  re|«ir."t  In  every  known  instance  (and  they  are  few)  the 
oifenderB  have  been  subjected  to  Ihe  regular  investi^tion  of  a  military 
tribunal ;  aiiil  an  officer,  commanding  a  party  of  stragglers,  who  were 
guilty  of  unworthy  exoessea,  was  immediately  dismissed,  without  the 
form  of  a  trial,  for  not  preventing  those  excesses.  The  destruction  of 
the  village  of  Newark,  atyncent  to  Fort  Oeorge,  on  the  loth  of  J3e- 
oemlier,  181 3, -was  long  sulweijuent  to  the  pillage  and  conflagration  com* 
initted«n  the  shores  of  the  Chesapeake,  throughout  the  summer  of  the 
same  year;  and  might  Mrly  have  been  alle<lgc«d  as  a  retaliation  for 
tfaose  outrages;  but,  in  fact,  it  was  justified  liy  the  American  comman* 
deTi  who  ordered  it,  on  the  ground,  that  it  became  necessary  to  the 
military  dperalions  at  that  place  ;$  while  the  American  government, 
as  sooa  as4t  heard  of  the  act,  on  the  6th  of  January,  1814,  instructed 
the  general  commanding  the  northern  army,  "  to  disavow  the  conduct 
;  <>f  the  officers  who  committed  it,  and  to  transmit  to  governor  Prevost,  a 
'  copy  of  the  order,  under  color  of  which  that  officer  had  acted."||  This 
»  disavowal  was  accordingly  communicated ;  and  the  10th  of  Febniary, 
^  1814,  governor  Prevoaf  answered,  "  that  it  had  been  with  great  satis- 
ftiotion,  he  had  received  the  assurance,  that  the  perpetration  of  the 
a  I  burjng  of  the  toUn  of  Newark,  was  both  unauthorised  by  the  American 
'government,  aild  abhorrent  to  every  American  feeling;  that  if  any 
outrages  had  ensued  the  wanton  and  unjustiliattle  destruction  of  New- 
ark,ipassed  the  bounds  of  just  retaliation,  they  were  to  be  attributed  to 
tbeinfluence  of  irritated  passions,  on  the  part  of  the  unfortunate  sutfer- 
en  by  that  event,  which,  in  a  state  of  active  warfare,  it  has  not  lieen 
potwible  altogether  to  restrain;  and  that  it  was  as  little  congenial  to  the 

•  See  admiral  Coclirane'd  letter  to  Mr.  Monroe,  clate«l  the  18th  of  August, 
1814  S  and  Mr.  Monroe's  answer  of  the  6tb  of  .September,  1814. 

+  !*««  the  letter  from  the  ftecretary  at  war  to  brltrndier  general  M'Clure,  dated 
the  4lh  of  October,  IBtS. 

X  General  MtClnre'g  letters  to  the  secretary  at  war,  daterl  December  10th  and 
13th,  IRIS. 
-  I.  Il*«e  the  letter  from  the  secretary  at  war  to  mBJor-Keneral  Wilkinson,  dated 
tlie  S«tU  of  January,  1814.  .       t 


career  of  (iieir  iitt* 
n  what  pretext  did 
innounce  Itis  deter- 
il  districtB  u|)on  the 
irctext  ola  request 
lo  carry  into  effect 
a  nature  ul'  the  war 
lie  British  cnhinet. 
leet?  The  outrages 
:  H  state  ul'  national 
fare«  are  always  to 
I  honoralilc  govern- 
l.>e  ofiTeretl,  there  if 
er  unauthorised  ir- 
•  troops  of  the  I'ni- 
,u|)on  principles  of 
Bsit  might  1)6  prac- 
d  they  are  few)  the 
E^iition  of  a  military 
iragglers,  who  were 
fiissedt  without  the 
The  destruction  of 
on  the  loth  of  Ue- 
I  conflagration  com* 
t  the  summer  of  the 
as  a  retaliation  for 
/Vmerican  comman< 
le  necessary  to  the 
erican  government, 
y,  1814,  instructed 
isavow  the  conduct 
governor  Prevoot,  a 
hadacted."||  This 
s  loth  of  Febctiary, 
en  with  great  aatis- 
perpetration  of  the 
;d  by  the  American 
eling;  that  if  any 
lestruction  of  New- 
I  to  he  attrihute<l  to 
?  unfortunate  sutfer- 
ire,  it  has  not  been 
tie  congenial  to  the 

the   18th  of  August, 

1814. 

ncral  M'Clure,  dated 

eil  Pecember  10th  and 

eral  Wilkinson,  dated 


43 

<l)i>po8ition  of  his  miyesty's  government,  as  it  was  to  that  of  the  govern- 
mfiit  of  the  Unitetl  Slates,  dcliL)eralely  tu  adopt  any  policy,  which  had 
I'ur  its  object  the  devastation  of  j>rivate  properly."      Bi:i  the  disavowal 
of  the  American  governmei.t  was  not  the  only  expiation  of  the  oflence 
committed  Ity  its  officer;  for  the  Itritish  government  assumed  the  pro- 
vince iif  redress  in  the  indulgence  of  its  own  vengeance.     A  few  days 
after  the  liurning  of  Newark,  the  Uritish  and  Indian  troops  crossed  the 
Niagara,  for  this  purpose;  they  surprised  and  seized  Fort  Niagani,  and 
put  its  garrison  to  Ihe  sword;    they  lurut  the  villages  of  Lewistown, 
Aianrliesler,  Tusc:rora.  liutfalu,  and  Black  Rock;    slaughtering  aiwl 
abu8in<i-  the  unarmed  inhabitants;    until,  in  short,  they  had  laid  waste 
the  whole  of  the  Niagara  frontier,  levelling  every  house  and  every  hut, 
end  dis(»ersing,  beyond  the  means  of  shelter,  in  the  extremity  of  the 
winter,  the  mute  and  the  female,  the  old  and  tlie  young.       Sir  George 
Prevosi  iiimsclf  appears  to  have  been  sated  with  the  ruin  and  theliav* 
oc  uhicli  had  been  thus  inlliclett.       In  his  proclamation  of  the  12th  ol 
January,  1814,  he  emphatically  declared,  that  for  tlie  burning  of  New- 
ark, "  the  or)portunity  of  punishmcu'.  had  occurred,  and  a  full  measure 
of  retaliation  had  taken  place;"    and  '*  that  it  was  not  his  intention  to 
])ursue  further  a  system  of  warfare,  so  rcvoltiug  to  his  own  feelings,  and 
BO  little  congeoial  to  the  British  character,  unless  the  future  measures 
of  the  enemy  should  com|)el  him  again  to  resort  toit.''t     Nay,  with  his 
answer  to  the  American  general,  already  mentioned,  he  transmitted 
"  n  co|)y  of  that  proclamation,  as  expressive  of  the  determination,  as  to 
his  future  line  of  conduct ;"  and  a4hled,  "  that  he  was  happy  to  lenrn, 
that  t4iere  was  no  proliability,  that  any  measures  on  the  part  of  the 
American  government  wouhl  oblige  lum  to  defiart  from  it."^      Where, 
then,  shall  we  search  for  the  foundation  of  the  call  upon  the  British 
admiral,  lo  aid  the  governor  of  Canada  in  measures  of  retaliation  ? — 
Great  Britain  forgot  the  principle  of  retaliation,  when  her  onlers  in 
council  were  issued  against  the  unotfending  neutral,  in  resentment  of 
outrages  committed  by  her  enemy;    and  surely,  she  had  again  forgot-> 
ten  the  same  principle,  which  she  threatened  an  unceasing  violatioB  of 
tlie  laws  of  civilized  warfhre,  in  retaliation  fur  injuries  which  never  e%r 
isted,  or  which  the  American  government  had  explicitly  disavowed, 
or  which  had  lieen  already  avenged  by  her  own  arms,  in  a  manner  anil 
a  degree,  cruel  and  unparalleled.      The  American  government,  after 
all,  has  not  hesitated  to  declare,  that  "  for  the  reparation  of  injuries,  oi 
whatever  nature  they  may  be,  not  sanctioned  by  the  law  of  nations, 
which  the  military  or  naval  force  of  either  power  might  have  commit- 
ted against  the  other,  it  wouhl  he  always  ready  ta  enter  into  reciprocal 
arrangements;    presuming  that  the  British  government  would  neitfaec 
expect  nor  propose  any  which  were  not  reciprocal."|| 

•  See  the  letter  of  major-Keneral  Wilkinton  to  sir  George  Prevost,  dated  tlie 
28thof  .lanuary,  1814;  and  the  answer  of  sir  George  Prevost,  on  the  10th  of 
February,  1S14. 

t  See  sir  George  Prevost's  proclamation,  dated  at  Quebec,  the  12th  of  Janua- 
ry, 1814. 

t  See  the  letter  of  sir  George  Prevost  lo  general  WilkinMn,  dated  the  10th  oi 
February,  1814 ;  and  the  British  general  orders,  of  the  22d  of  February,  1814. 

1  Sec  Mr.  MoDroe'ii  letter  to  admiral  Cochrane,  dated  the  6tii  of  Sept.  181  >. 


.m 


i?   !•'*' 


l«-     iV 


i.i,.. 


♦.H-r; 


i 


t' 


It  i«  now,  however,  proper  to  examine  (be  ehenieler  of  tlie  vrarfari'. 
which  Great  Britain  has  waged  againit  the  United  SUites.  In  Europe, 
it  ha*  already  been  marlted,  tvith  aatonishpnent  and  indignation,  as  a 
warfare  of  the  tomahawlc,  the  scalping  Icnife  and  the  torch ;  as  a  war- 
Are  iacnmpatible  with  the  usages  of  civilised  nationf :  as  a  warfare, 
tlutt,  diaclaimiag  all  moral  influence,  inflicts  ap  outrage  npon  social  or- 
d<-r.  c>nd  gives  a  shock  to  the  elements  of  humanity.  All  lielligerent 
Jiations  caq  form  alliances  with  the  savage,  the  AfHcan,  and  the  blood- 
hound; but  what  civilised  nation  baa  selected  these  auxiliaries,  in  its 
iMtiiities  ?  It  does  not  require  the  fleets  and  armiee  of  Great  Britain 
to  lay  waste  an  open  country ;  to  bnm  unfortified  towns,  or  unprotected 
Tillages;  nor  to  plunder  the  merchant,  the  farmer,  and  the  phinter,  of 
kis  stores — these  exploits  may  easily  be  achieved  by  a  single  cruiser, 
or  a  petty  privateer;  but  when  have  such  ejcploils  been  performed  un 
the  cooats  of  the  continent  of  Europe,  or  of  th«  British  isianda,  by  the 
naval  and  military  force  of  the  belligerent  power;  or  when  have  tliey 
been  to'erated  by  any  honorable  government,  as  the  predatory  enter* 
yrise  of  armed  individuals  ?  Nor,  is  the  destrucUon  of  the  public  edifices, 
Which  adorn  the  metropolis  of  a  country,  and  serve  to  commemorate  the 
taste  and  science  of  the  age,  beyond  the  sphere  of  action  of  the  vilest 
incendiary,  as  well  as  of  the  mo«t  triumphant  conqueror.  It  cannot  be 
forgotten,  indeed,  that  in  the  course  of  ten  years  past,  the  oapitals  of 
the  principal  powers  of  EuK^ne  have  been  conquered,  and  occupied  al- 
ternately, by  the  victorious  armies  of  each  other;*  and  yet  there  baa 
Iteen  no  instance  of  a  cnnflagratioQ  of  the  palaces,  the  temples  or  th« 
balls  of  justice.  No :  such  examples  have  proceeded  from  Great  Brit- 
ain alone :  a  nation  so  elevated  {n  its  pride ;  so  awful  in  its  power;  and 
flo  aflected  in  its  tenderness  for  the  liberties  of  lI^ulkind.  The  charge 
is  severe ;  but  let  the  facts  be  adduced. 

1.  Great  Britain  has  violated  the  princ)ples  t4  soolak  law,  by  iacidi- 
tas  attempts,  to  ercite  the  eitisens  of  the  United  States  into  acts  of 
contumacy,  treasoa,  and  revolt,  against  tlieir  goTemqietiL  For  in* 
itance< 

No  sooner  had  the  American  government  imposed  the  restrictive 
system  u|ion  its  citizens,  to  escape  from  the  rage  and  the  depredatioii 
•f  the  belligerent  powers,  than  the  British  government,  then  professing 
amity  towards  the  United  States,  issued  an  order,  which  was,  in  effect, 
an  invitation  to  the  American  citizens  to  break  the  laws  of  their  coun- 
try, wnder  a  public  promise  of  British  protection  and  patnmi^e, «'  to  aK> 
vessels  which  should  engage  in  an  illicit  trade,  without  bearing  tlia 
oustomary  ship^s  doeuments  and  papers.''^ 

Again :  During  a  period  of  peace,  between  Mie  United  States  a«A 
Great  Britain,  in  the  year,  1809^  the  govemoe  general  of  the  Caaadaa. 
employed  an  agent  (who  bad  previousTv  been  engaged  in  a  similar  ser- 
tice,  with  the  knowledge  and' approbatton  of  the  British  cabinet)  «*  o^. 
a  secret  and onfidential  mission,"  into  the  United  States,  decIariQgt 
"  that  there  was  no  doubt,  tliat  his  ablfs  ax«cution«  of  fuich  a  niMoOi 

*  SpK Mr.  Mopioe'g  latter  to  admiral  Cofihrsat,  datedihe  €tb  of.Smt.  1814. 
t  See  the  instnictions  to  the  c<w»n>»nder»0^  BrMl>>it|iptet.»ar.aB4  priyatM|t 
i!«tMtkeli(th«(Afril,t8W*    -  •  .-  ^---.^i^..,  j^^^>>swW^'v-" -^^4  , 


,\ 


'■  '^1»' 


J  I. 
}■ 


s(er  of  tlM  warfare, 
lA^es.  In  Europe, 
d  iiMli<;nKtioD,  as  a 
i  torch ;  as  a  war- 
on« :  a*  a  warfare, 
age  upon  social  or- 
All  lielligereat 
eaii,  Hud  the  blood* 
e  auxiliaries,  in  its 
I  of  Great  Britain 
WPS,  or  unprotected 
md  the  planter,  of 
by  a  single  cruiser, 
leen  performed  un 
li«h  islands,  by  the 
[)r  when  have  they 
le  predatory  entet- 
tbe  public  edifices, 
[>comineinorHte  the 
iction  of  the  vilest 
eror.  It  cannot  be 
ast,  the  capitals  of 
J,  and  occupied  al- 
and yet  there  bae 
the  temples  or  tb« 
edfromGreat  Brit- 
din  its  power;  and 
(ind.    The  charge 

Biallftw,by  iacidi-* 
States  into  acts  of 
tmoneaL     For  in* 

sed  the  restrictive 
id  the  depredation 
Dt,  then  professing 
hick  was,  in  effect, 
laws  of  their  eoun- 
p»tHmage,«'toaU' 
ithoKt  benring  tlw 

United  States  ««A 
ifaloftheCanadan 
;ed  in  a  similar  se»>< 
itish  cabinet)  «'  fm. 
States,  declarin^t 
of  wicb  a  i«NtoD» 

«tbof.SMit,««U. 
r(«#irw4priml«|4l» 


'■    m 

vouU  give  him  e  cletn,  Qoi  oiMy  on  the  govenier  general,  biit  on  hik 
puyeity's  iniqiatefs.''-<-The  olfiect  of  the  mission,  wus  to  ascertain, 
whether  there  existed  a  disposition  in  any  portion  ^  the  citiKeaa,  "  to 
bring  about  a  separation  of  the  eastern  states  from  the  general  union } 
end  how  far,  ii)  such  an  event,  they  wowld  look  up  to  England  for  as* 
•istance,  or  be  disposed  to  enter  Into  a  connection  with  her."  The 
agent  wus  instructed  "  t«»  insinuate,  that  if  any  of  the  vilizena  should 
wish  to  enter  into  « ^ommMBication  with  the  British  govcrnmcnil, 
through  the  governor  generel,  he  was  authorised  to  receive  such  com* 
piuuicalion  {  fuu)  that  he  would  snfely  trau»n4t.it  tp  the  governor  gen- 
•rel."*  He  wasuecredite^  by  a  formal  iait^ument,  under  the  seal  and 
slgmiture  of  thf  gwvwuof  gen«ra|^  to  be  produce*!,  '*  if  he  saw  goo4 
grouqil  for  expecting,  tbiit  (he  d^ing  la  plight  lead  ,to  a  niore  confideo* 
tial  cuounueicatkui,  ih»n  be  couid  ft^Uterwiselppliier;"  and  be  was  fur- 
aisbed  with  a  cipiie^  for  carrying  011^  the 'e|4:>e>><;orresp(M)(ic!nce."t  The 
virtue  «Qil  iwtrietism  of  the  c^tiaev*  of  tl^  United  States  wer^  superipr 
to  the  arts  and  corruption,  entployed  in  this  .9e«ret  and  confidential  mis- 
«i<!u,  if  it  ever  was  disclosed, |p  Miy  of  them;  and, the  mission  ttselt 
^rnunated,  ae  soon  as-the  erraogcmtent  with  Mr.  Ersiij^e  was  aunqun<^ 
«d.|  But,  in  the  uci  of  recalling  tbe^ecret  emissaiy,  he  Yia»  informed, 
Vthai  the  whole  of  his  letters  were  trMU^ribjqg  tu  be  sent  home,  where 
ibey  cQulii  ixo<  fail  of  doing  him  gr^at  credit,  a^d  it  wus  hoped  they 
might  eventually  contribute  to  bi^  perowni^nt  advjantage."il  To.en- 
deavor  to  realise  that  hope,  the  emissaty  proceeded  t"  ^ondon,  ail  the 
circumstances  of  his  miwion  were  made  kno>>'n  to  ibe  Briti^i  mmister ;, 
\»  services  were  epproved  and  «cl(00wledged ;  and  he  was  sent  to 
^  Canada,  for  a  rewanli.4  with  areoommendatpry  letter  from  Lord  Liver- 
pool to  Sir  George  Prevoet,  "  |»lating  his  lordship's  opinion  oCthe  abil- 
ity and  judgment  which  Air.  Ueqry  hltd  Bwnifest«d  on  ilie  occa^io^ 
qientioBed  in  Us  meniori«l,  (his  seqret  an^  poqfideotiid  n^issiowi,)  and 
of  the  benefit  the  public  eetyice  mgliit  derive  (roni  hie  active. emj)l<q|j^- 
■ient,in  any  p«Ukei(ii»tifM^M>.^bic^eii;Geo^e?fe.vi>stmi;^t  tb})^ 
proper  to  place  hifl9.t  The  workl  will  judge  upon  these  facts,  aani  ihp!  ff- 
jectitfD  of  a  parliemfsotary  call,  for  the  p^vidHf  j&on  of  tbe  papujireiating 
to  tbem,  what  cteditladue  to  the  prince  ifgeot'«.aaterti|on,  "  that  Mr. 
VeniyV  mi«aain.PKw>NadeEtakcn,  without  the  aulborilo^  or  eveoknowl- 
edee  of  bis  et^eety's; government.'*  Th«  first  mission,  was  certainlj 
luiowD  to  tha  Bcitiib  gnvefument*  at  Ih^  time  ilk  occmed ;  for.  the  sec- 
aviary  of  the  fovemor  general  expresfly  slates,  that  tite  informatioa  an4 
poU^eal  eibeeevalfons»  beietpfoif  fetceivfd  fifiwn  Viu  Henry,  were  trans- 
miUed  V  Ue  excellency  to  the  Mfcetaf^r  of  Hate,,  who  bad  expressed 
his  particular  approbation  of  them  '^  the  second  mission  was  approv- 
•d  when  it  wan  luwwn^  and  it;  leqwitis  for  the  Bvi^sh  government  to 


*  See  the  lettisr  from  Mr.  Ryland,  the  Aeeretary  of  the  ftovernor  general,  tc 
Mr.  Beary,  4ati;(l  the  )(Cth  of  Jaouary,  1809. 

'  t  See  the  letter  of  sir  JTImes  Craigi  ^  Mr.  Heory,  dated  Feb.  «th,  1809. 
ISse  tlM  Mawk^lttd^  and  Ulr.  Bylan4'i  letter  of  the  26th  «f  Januiiry,  1 809. 
1 8ee  Mr.  Bylwl'i  I|)i|t«r>  dsteil  tb«  26ih  of  June,  1809. 
See  the  letter  frtMb-lerd  LiTerpool  to  sir  Oeorge  Prevost,  dated  the  Ktb  o-; 
AJMRtenber,  1811. 
^See  Mr.  Bylsnl'd  letter  of  Jhe  26th  of  iiinuary,  1809.    4    fnwi  o»?  »?.«•«?( 


;« 

^ 


i"&^ 


I 


i 


l^r 


IT" 

I"' 


^-.ii.  .1,.' 


t' 


i^i  ? 


■ftxplain,  upon  auy  established  iirinciples  ormorallty  nnd  jusHctf,  tlieri*: 
sential  dill't-rtnce  'lelwera  ordering  (he  oltcnsivv  acts  to  ii«  dune ;  and 
reniiint;  I  ht>  fruit  of  (iiose  acts,  witliout  either  expresslj',  or  tacitly,  con< 
demniug  tlieni. 

Aicuin :  Tlieyc  hostile  attempts  upon  the  peace  and  union  of  the  Uni* 
ted  States,  preceding  the  declaration  of  war,  have  Iteen  followed  by 
similar  machinations,  sutiBcquent  to  that  event.  The  governor  general 
of  the  Cunadas  has  endeavored,  occasionally,  in  his  proclamations  and 
gener.d  orders,  (o  dissuade  the  militia  of  the  United  States,  from  the 
performance  of  the  duty  which  they  owed  to  their  injured  country ;  and 
tile  etibrts,  at  Quebec  <;nd  Halifax,  to  kindle  the  flame  of  civil  war« 
bave  been  as  incessant,  as  they  have  been  insidious  and  abortive. 
Nay,  the  governor  of  the  island  of  Barbadoes,  totally  foif  elful  of  the 
boasted  article  of  the  British  magna  charta,  in  favor  of  foreign  mer- 
chants, found  within  the  British  dominions,  U|M>n  the  breaking  out  of 
lioatililieg,  resolved  that  every  American  merchant,  within  his  juris- 
diction at  the  declaration  of  war,  should,  at  once,  he  treated  <<b  a  pris- 
oner of  war ;  because  every  citizen  of  the  United  States  was  enrolled 
in  the  militia;  liecause  the  militia  of  the  United  States,  were  required 
to  serve  their  country,  beyond  the  limits  of  the  state,  to  which  the^ 
particularly  belonged ;  and- because  the  militia  of  "  ail  the  states  had  ac- 
ceded to  this  measure,  were,  in  the  view  of  sir  Geoi^e  Beckwith,  ac- 
ting as  a  French  conscription."* 

Again :  Nor  was  this  course  of  conduct  confined  to  the  colonial  au- 
thorities. On  the  2fitb  of  October,  1812,  the  British  government  issu- 
ed an  order  in  council,  authorizing  the  governors  of  the  British  West 
India  islands,  to  grant  licences  to  American  vessels,  for  the  importa-  , 
tion  and  exportation  of  certain  articles,  ^enumerated  in  the  order ;  but, 
in  th<f  instructions,  which  accompanied  the  order,  it  was  expressly  pro- 
vided, that  "  whatever  importations  were  pro|H>sed  to  be  made,  from- 
the  United  States  of  America,  should  be  by  licences,  confined  to  the 
fwrts  in  the  eastern  states  exclusively,  unless  there  waa  reason  to  sup- 
pose, that  the  ol>ject  of  the  order  would  not  be  fulfilled,  if  licences  were 
not  granted,  for  importations  from  the  other  ports  of  the  U.  8tates.''t 

The  President  of  the  United  States  bas  not  hesitated  to  place  Iwfore 
the  nation,  with  expressions  of  a  just  indignation,  "the  policy  of  Great 
Britain  thus  proclaimed  to  the  world;  introducing  into  her  modes  of 
warfare,  a  system  equally  distinguished  by  thedeformity  of  its  features,- 
and  the  depravity  of  its  character;  and  having  for  its  olyect,  to  dissolve 
the  ties  of  allegitmee,  and  the  sentiments  of  loyalty,  in  the  adversary 
nation;  and  to  seduce  and  separate  its  component  parts,  the  one  fron^ 
the  other."! 

2.  G.  Britain  has  violated  the  laws  of  humanity  and  honor,  by  seeking  . 
alliances,  in  the  prosecution  of  the  war,  with  savages,  pirates  and  slaves, 

*  Vee  tliR  remarkable  state  paper,  issued  by  governor  Beckwicb,  at  BarbadofS, 
•n  th«  iMi  of  Nnvember,  1812. 

t  S«>e  the  jiroclnination  of  the  governor  of  Bermuda,  dated  the  t4th  of  January, 
1814,  and  the  itiMructions  from  the  Britii-b  secretary  for  foreign  affairi;  dated  Ne- 
vemher  Oth  1SI2. 


f8 


±  !>ee  the  message  from  the  President  to  Congress,  dated  the  24th  of  P«hniarjc, 


md  Justice,  tlierji^ 
to  ii«  dune ;  and 
I}',  or  tuuitly,  con- 
union  of  the  t'ni* 
lie«n  Tullowed  hf 
governor  general 
imclamations  and 
States,  from  the  ^, 
ired country;  and 
iOK-.  of  civil  war» 
IU8  and  abortive; 
ly  forgetful  of  the 
}r  of  foreign  mer« 
le  breaking  out  of  ' 

within  his  juris- 
!  treated  «b  a  pris- 
latea  was  enrolled 
lea,  were  required 
,te,  to  which  the^ 
I  the  statea  had  ac«  . 
rge  Beckwith,  ae*. 

to  the  colonial  aii>' 
I  government  iwu> 
the  British  West 
.  for  the  importa-  . 
in  the  order ;  but, 
wasexprfcssiypro- 
to  be  made,  from- 
confined  to  the 
vaa  reason  to  sup*' 
d,  if  licenees  were 
he  U.  8tateB.''t     . 
ed  to  place  l>efore 
he  policy  of  Great 
into  her  modes  of 
lityofitsfeatureitt:. 
olgect,  to  dissolve-, 
in  the  adversaiy 
irts,  the  one  fron^ 

honor,  by  seeking, 
irates  and  slaves^ 

wich,  at  BarbadofI, 

he  t4th  of  January,  }i 
gn  affairi;  dated  N«*  ^ 

e  S4tb  of  Februsr;, 


# 

iTlw  British  agency,  in  exciting  the  Indiana,  at  all  times,  to  commiC 
hostilities  u|K>n  the  frontier  of  the  United  blates,  is  too  notorious  to 
admit  of  adirectand  general  denial.  It  has  sometimes,  however,  lieen 
said,  that  such  conduct  was  unauthorized  by  the  British  government ; 
and  the  prince  regent,  seizing  the  single  instance  of  an  intimation  al- 
ledged  to  be  given,  on  tiu-  part  of  Sir  James  Craig,  Governor  of  the 
Canadiit,  that  an  attack  was  minlitated  by  the  liulians,  has  affirmed 
that  "the  charge  of  exciting  the  Indians  lootl'ensive  measures  against 
the  United  States  was  void  of  foundation ;  that  before  the  war  began, 
a  policy  the  most  opposite  hud  been  uniformly  pursued ;  and  that 
proof  of  this  was  tendered  by  Mr.  Foster  to  the  American  govern- 
ment."* But  is  it  not  known  in  Euro|)e,  as  well  us  in  America,  that 
the  British  Northwest  Com|mny  maintain  n  constant  iotercoiirt'e  of 
trade  and  council  with  the  Indians;  that  their  interests  are  often  in 
direct  collision  with  the  interests  of  the  inhahittinia  of  the  United 
States,  and  that  by  means  of  the  inimical  dispositions,  and  the  active 
agencies  of  the  company,  (seen,  unilerstooil,  and  tacitly  sanctioned  by 
the  local  authorities  of  Canada)  all  the  evils  of  an  Indian  war  may  be 
shed  upon  the  United  States,  without  the  authority  of  n  formal  order, 
emanating  immediately  from  the  British  government  /  Hence,  the  A- 
merican  government,  in  answer  to  the  evasive  protestations  of  the 
British  minister,  residing  at  Wa&liington,  frankly  communicated  the 
evidence  of  British  agency,  which  had  tieen  received  at  different  |)eri- 
ods  since  the  year  1807;  ami  odserved,  "that  whatever  may  have 
been  the  disposition  of  the  British  government,  the  conduct  of  its  sub* 
ordinate  agents  had  tended  to  excite  the  bostiiity  of  the  Indian  trihes 
towards. the  United  States;  and  that  in  estimntius;  the  comparative  ev- 
idence on  the  subject,  it  was  impossilde  not  to  recollect  the  communica- 
tion lately  made,  resitecting  the  conduct  of  Sir  James  Craig,  in  anoth* 
er  im[iorrant  transaction  (the  employment  of  Mr.  Henry,  as  an  accred- 
ited agent,  to  alienate  and  detach  the  citizens  of  a  particular  section 
of  the  union,  from  their  government,)  which  it  appeared,  was  approved 
by  loni  Liverijool".! 

The  proof,  however,  that  the  British  agents  and  military  ofTicers  were 
guilty  of  the  chaise  thus  exhibited,  liecome  conclusive,  when,  subse- 
quent to  the  communication  which  whs  made  to  the  BritiBh  minister, 
the  defeat  and  flight  of  general  Proctor's  army,  on  the  of 
placed  in  the  possession  of  the  American  commander  the  correspon- 
dence and  papers  of  the  British  otficers.  Selected  from  the  documents 
which  were  obtained  upon  that  occasion,  the  contents  of  a  few  letters 
will  serve  to  characterise  the  whole  of  the  mass,  hi  these  letters, 
written  by  Mr.  M'£ee,  the  British  agent,  to  colonel  England,  the  com- 
aiander  of  the  British  troops,  superscrilied,  "on  his  majesty's  service,* 
and  dated  during  the  months  of  July  ami  August,  1704,  the  period  of 
general  Wayne's  successful  expedition  against  the  Indians,  it  appears 

•  Se«  tlie  prince  regent's  declaration  of  the  10th  of  January,  1813. 

See,  al«o,  Mr.  Fo.Her's  letters  to  Mr.  Monroe,  dated  the  2Rth  of  Decomhor, 
1811,  and  the  7tli  and  8th  of  .Tune,  1812;  and  Mr.  Monroe's  answer,  dated  tlic 
9th  of  .laniiary.  1812,  and  the  lOlh  of  June,  1812  ;  and  the  documents  which  ac- 
'Oamiianied  the  cnrreitpondfiicc. 

t  See  Mr.  Monroe's  letter  to  Mr.  Foster,  dated  iho  10th  of  June,  1812.       ;     . 


.ii) 


<• 


rtfi 


Ihat  the  acalpi  lakea  by  th«  f  ndlatts  ware  Mnt  t«  the  Brittab  ettablish* 
fiH'nl  at  the  rapids  of  the  Miami  \*  that  the  hottile  operation*  of  the 
IndianB  were  concerted  with  the  Britiih  ageote  and  oAeers  ;t  (hat 
when  certain  tribet  of  Indimi  "haTing  completed  the  belti  they  car* 
ried  with  scalps  and  priaonera,  and  beiof  withoat  piovtslona,  reaotved 
on  going  home,  it  was  lamented  that  hi*  m^jekty'e  pott*  wouM  derive 
DO  security  from  the  late  great  influx  of  Indians  into  Miat  part  of  tli< 
country,  should  they  persist  in  theit  resolution  of  retnming  to  soon  ;"| 
that  "Ihe  British  agents  were  immedbleiy  to  hold  a  cduneiY  at  th>! 
filaee,  in  order  to  try  i(  tliey  efHild  prevail  with  the  Lake  IndhuH  to 
remain;  but  that  witiiout  provisions  ind  ammunitfoa  being  sent  to 
that  place,  it  was  conceived  .to  t>«  extremely  difKeult  to  keep  them  to* 
gether  fl  and  that  '*eolonel  England  was  making  great  exertions  to 
aapply  the  Imtians  with  provisimM.**!  But  the  language  of  the'sorrrs- 
ROtidemseat  length  becomes  so  plain  and  direct,  that  it  seems  Iropossl' 
Me  to  avoid  the  eonelusion  of  a  governmental  agency,  on  the  part  of 
Great-Britain,  in  advising,  aidingt  end  oundneting  the  Indian  war^ 
wirile  she  professed  friendship  and  |>eace  towards  the  United  States,—* 
"Scouts  are  sent,  (says  Mr.  Kee  to  colonel  England)  to  view-  the  eitiH 
ntion  of  the  Amerioiia  army  ;  and  we  nam  imuAer  om  tkemMni  In* 
(KaiM.  All  the  Lake  Iridians,  from  Sugana  downwards,  sbool«l  not 
lese  one  moment  in  joining  their  brethren,  as  every  accession  of 
strength  is  an  addition  to  their  spirits.^  And  again :  **  I  have  been 
employed  several  days  la  eadeavoring  to  fix  tlw  Indians,  who  have 
been  driven  from  their  vllkges  and  cornfields,  lietween  the  fort  and  the 
bay.  Swan  Creek  is  generally  agreed  upon,  and  will  lie  a  very  con-' 
vcnient  plaee  ibr  the  dielivery  of  provisions,  Sie."**  Whether,  undetf 
the  various  proofs  of  the  British  agency,  in  exciting  Indian  hostiiitiee 
•gainst  the  United  States,  in  a  tWne  of  peace,  presented  in  the  coors* 
of  the  present  narmtive,  the  prince  regent's  declaration,  that,  '^before 
the  war  began,  a  policy  the  most  opposite  had  been  unMbrmiy  pursued,* 
by  the  British  govemm«nt,ft '»  to  bb  ascribed  to  a  wnotcT  infomiatio*/ 
or  a  want  of  candor,  the  American  government  is  nut  disposed  moHl 
particularly  to  investigate. 

But,  independent  of  these  cauaes  of  just  complaint,  arising  iifn  tllM 
of  peace,  it  will  be  found,  that  when  the  war  was  declared,  the  alliano« 
of  the  British  government  with  the  Indians  was  avowed,  U|ion  prkiel' 
plj;B  the  most  novel,  producing  consequences  the  moat  dreadfol.  Tht 
aavages  were  brought  Into  the  war  uiion  the  ordinary  footing  of  ti* 
Kes,  without  regard  to  the  Inhuman  character  of  their  warfare ;  WMek 
aeither  spares  age  nor  sex  |  and  which  is  more  desperate  towards  tk0 

■  See  the  letter  from  Mr.  M>Kee  to  colonel  England,  dated  the  2d  of  Jaly^ 

1794. 
i  See  the  letter  from  the  lame  to  the  same,  dated  the  5th  of  July,  179i< 
'}  See  the  tantfr  lettier. 
♦  ScR  the  !«anip  letter.  .■.«•,>'■ 

?Sce  the  same  letter.  '•'  i  ^ 

Ser.  the  li-tter  from  Mr.  M'Kce  to  CHlonSl  Cni^a,  da|sd  the  19tt  of  Au* 
Sust,  1T94.  J,: 

•••-Sec  the  letter  from  the  same  to  the  name,  dated  the  50th  of  A«gait,.179l. 
tt  (>^e  the  prince  repeat's  declaration  of  the  lOtb  of  January,  IStS.  , " 


I  VrltWb  f«tabliBh« 
op«riitioBi  I  if  the 
«1  oAoen;t  thai 
«  bclti  they  ear* 
•vlatoM,  FMolved 
Mtt  w«uM  derive 
»  Hwt  |Mrt  of  th< 
nrning  to  toon  ;"| 
d  a  cdufielf  nt  thit 
Lake  InrffauM  to 
kM  being  eeiit  to 
t  to  keep  them  to* 
;reat  exeiitons  to 
iageoT  the>eorfe<-' 

itaeeim  ImpoMl- 
sj,  oD  the  part  of 
f  the  Inilian  wari 
B  Uiittedl  States—' 
)  to  tiew  the  eitiH 

mm  HktfMmiiMf  In* 
nwatda,  ■boohl  not 
ivcry  accweion  of 
i:  "I  have  been 
Imlinm,  who  have 
N>n  the  fort  asd  the 
ill  lie  a  very  cos-' 
Whether,  undetf 

Indian  hostilitie* 
inted  in  the  cowvt 
iition,  (hat,  "before 
inMbrmly  puran«d  * 
aiit«r  informatio*/ 
Hit  diapoaed  nottf 

t,  ariainic  iif  n  tioM 
elared,  Uie  alliano* 
owed,  upon  prinel' 
oat  dreadfol.  Thf 
lary  fuotiii^^  of  af 
ir  warfare ;  ^thiell 
iperate  toward*  th0 

dated  the  Sd  of  Jtdyt 

of  July,  1T94.         ^ 

lat«d  the  l$(lt  of  Xih 

tit  of  Augoit,  17JI. 
mry,  18tS.  , "' 


captive  at  thn  ttake,  than  towardi  the  combatant  In  the  field.  It  leenv 
cd  to  be  a  Bti|»ulatiun  of  the  compact  betwcfn  the  allies,  that  the  Brit- 
iah  might  imitate,  butihouhlnot  control  the  fvrocity  of  the  savagei. 
While  the  British  troops  Itehold,  without  compunction,  the  tomahawk 
and  the  scalping  knife,  bmndished  against  prisouers,  old  men  and  chil- 
dren, and  even  against  pregnant  women,  and  while  tliey  exultingly  ac- 
cept tlie  bloody  sculps  uf  the  slaughtered  Amcricnns,'^  the  Indian  ex- 
ploits  in  battle  are  recounted  and  applauded  by  the  British  general  or> 
«l«rs.  Rank  and  station  are  assigned  to  them  in  the  military  move- 
ments of  the  British  army;  and  the  unhallowed  league  was  ratified 
with  appropriate  (ftnblems,  by  intertwining  an  American  scalp  with  the 
derorations  of  the  mace,  which  the  commander  of  the  northern  army 
of  the  United  Stales  found  in  the  legislative  chamber  of  York,  the  cap- 
ital  of  Up|»er  Canada. 

in  the  single  scene,  that  succeeded  the  liattle  of  Frenehtown,  near 
the  river  Raisin,  where  the  American  troops  were  defeated  by  the  allies 
under  the  command  of  general  Proctor,  there  will  be  found  concentra- 
ted upon  indisputable  proof,  an  illustration  of  the  horrors  of  the  war- 
fare,  which  Grent  Britain  has  pursued,  and  still  pursues,  in  co-operation 
with  the  savages  of  the  south,  as  well  as  with  the  savages  of  the  north. 
The  American  array  capitulated  on  the  22d  January,  1813 ;  yet,  after 
the  faith  of  the  British  commander  had  lieen  pleilgetl,  in  the  terms  of 
capitulation  ;  and  while  the  British  officers  and  snidiien,  silently  and 
oxultinply  contemplated  the  scene,  some  of  the  American  prisoners  oC 
war  were  tomahawked,  some  were  shot,  and  some  were  burnt.  Alanjp 
of  the  unormed  inhabitants  of  the  Michli^an  territory  were  massacred : 
fheir  (troperty  was  plundered,  and  their  bouses  were  destroyed.!  The 
dead  bodies  of  tlie  mangled  Ami  'leans  were  exposed,  unburied,  to  bo 
devoured  by  dogs  and  swine ;  "  fo<  cause,  as  the  British  officers  declar- 
ed, the  Indians  would  not  permit  the  interment  ;^':(  and  ^ome  of  the 
Americans,  who  survived  the  carnage,  had  been  extricated  from  dan- 
ger, oiily  by  being  purchased  at  a  price  as  a  (lart  of  the  booty  liekmg- 
ing  to  the  Indians.  But,  to  complete  this  dreadful  view  of  human  de- 
pravity, and  human  wretchedness,  it  is  only  necessary  to  add,  that  aa 
American  phisieian,  who  was  dispatched  with  a  flag  of  truce,  to  aacer- 
tain  the  situation  of  his  wounded  brethren,  and  two  persons,  his  com- 
panions, were  intercepted  by  the  Indians,  in  their  humane  mission  ; 
the  privilege  of  the  flag  was  disreganled  by  the  British  officers; .  the 
physician,  after  being  wounded,  and  one  of  his  companioiM,  were  made 
IMisoners ;  and  the  thir  J  person  of  the  party  was  killed.||. 

Birt  the  savage,  who  had  never  known  the  restraints  of  civilized  lifei 
and  the  pirate,  who  had  broken  the  bonds  of  society,  were  alike  the  ob- 

*  See  the  letter  from  ths  American  general  Harrisor.,  to  the  British  general 
Proctor* 

t  See  the  report  of  the  committee  of  the  houoc  of  representative*,  on  the  3t8t 
of  July,  t81S  {  and  the  dtpofitiono  and  docuioentM  scconipanying  it. 

X  See  the  oflcial  r*iport  of  Mr.  Baker,  the  agent  for  the  prigoners,  to  brigadier 
general  WinchtttaT.  dated  thsX6th  of  February,  1813. 

U  In  addition  to  f|is  description  of  savage  warfare,  under  British  auspices,  see 
the  facte,  contained  tii  the  comspoodsnce  between  geucrsl  Barrisoa  auti  general 
Brunuuond. 


.iV 


$ 


!»»■ 


■i 


{  J 


k.it 


J 


->.J  I 


..ttitt 


-$9 

jteia  qd  Briiith  CPnciiiation  kihI  Alli>incr,ror(hF|)iirp(Meitol  aii  unpiral' 
Jt'U.'d  wurfart*.  A  lumlf  «>!'  jtirHlfB  (in<l  uutlaus  IimI  fdrmfd  ii  < onfedrra' 
cy  iiiul  estHbliihinent  on  the  i>lanil  of  Unrrutaria,  ne.ir  the  moulh  of  Ihc 
riv«T  Alittiaaippi.  Will  Euru|»«  lifll«vf,  (hut  the  commniMlrr  of  <h« 
Jiritbit  loirt  f,  ml<lri;BB«Hl  |Ih>  leailer  uf  the  conhtWrvy,'  from  the  iieu- 
Irnl  trrnlory  u(  P«'n*aruln,  "ciillinjc  upon  him,  with  his  \itn\v  follow* 
ers,  lu  filler  inlu  Ihc  service  ol'iSreul  hrilnin,  in  which  he  should  have 
(he  r'Hilv  uf  CHptnin ;  promising  that  land*  ithoiiid  l>e  civen  to  them  all, 
in  proportion  to  their  respective  ranli8,on  a  peace  tailing  pince ;  u»sur< 
intt  lh«!m,  ihat  their  propt  riy  should  lie  guiiranleed,  and  Ihcir  perHonn 
protected ;  nud  nsliiai;,  in  return,  that  tliey  would  iecase  all  hostilities 
U(;ainBi  Sp;:in,  or  tlic  allies  of  Great  Uritnin,  and  place  their  ships  and 
vesiielB  under  the  Britinh  commanding  officer  on  that  station,  until  the 
vomni  'nder  in  cliiefs  pleaBurv  should  he  known,  with  a  guarantee  rl 
their  fair  value  at  all  events/'^  There  wanted  only  to  exemplify  tho 
deOaBemeut  uf  such  an  act,  the  occurrence,  that  (he  pirate  should  spurn 
the  proffered  aili.ince;  and,  uccordini^ly,  Liditle's  answer  was  indig- 
DBRtly  given,  by  a  delivery  of  the  letter,  containing  the  Uritish  propo* 
siiioii,  to  the  American  governor  of  Louisiana.  ^ 

There  were  other  sources,  however,  of  support,  which  Great  Britain 
was  prompted  by  her  vengeance  to  employ,  in  op|iosition  to  the  plain- 
est dict/ites  of  her  own  colonial  policy.  The  events,  which  have  ex- 
tir|)Bted  or  diB|iersed  the  white  population  of  Ht.  Domingo,  are  in  ihti 
recollection  of  all  men.  Although  British  humanity  might  notflhrink, 
from  the  iuHiction  of  similar  calamities  upon  the  southern  states  of 
America,  the  danger  of  that  course,  either  as  an  incitement  to  revolt, 
of  the  slaves  in  the  British  islands,  or  as  a  cause  of  retaliation,  on  the 
part  of  the  Uniteii  Slates,  ought  to  have  ndnionished  her  against  Its 
adoption.  Yet,  in  a  formal  firoclamation  issued  hy  the  commander  in 
chief  of  his  Britannic  mnjesty's  squadronc  u|)an  the  Americun  station* 
the  slaves  of  the  American  planters  were  invited  to  join  the  British 
standard,  in  a  covert  phraseology,  that  afforded  hut  a  slight  veil  for  the 
real  design.  -  Thus,  admiral  Cochrane,  reciting,  "  that  it  had  been  rep> 
resented  to  him,  that  many  |>erBons  now  resident  in  the  United  States^ 
had  exi'resBeda  desire  lo  withdraw  therefroni,with  u  view  of  entering  In- 
to hin  mnjcsiy's  service,  or  of  l»eing  receiveil  as  frte  settlers  into  some 
of  his  mujesly's  cohmies,"'  proclaimed,  thtit  "  nil  'hose  who  might  Indis- 
posed to  emigrate  from  the  ('nit'd  State?,  would,  with  their  familieSn 
be  received  on  boani  of  his  mjijesty's  ships  or  vessels  of  war,  or  at  the 
military  posts  th;it  might  he  established  upon  or  near  the  coast  of  the 
United  States,  when  tliev  would  have  their  choice  of  either  entering  in- 
to his  majesty's  sea  or  I.  nd  forces,  or  of  being  sent  as  free  settlors  to  the 
Briti  h  possessionB  in  North  America,  or  the  West  Indies,  where  they 
woiiiil  meet  all  due  encouragement.'*!  But  even  the  negroes  seeni,  in 
coutcm|)t  or  disgirei,  lu  iiave  resisted  the  solicitation;  no  rebellior>  or 
mHSsnere  ensued ;  and  the  allegation,  ofien  repeated,  that  in  relation  to 

•  *>ee  the  letter  Hililrpi'f'ed  by  Fdward  Nichol's  lieut.  colonel,  commanding  hi<i 
Britannic  iiiMJf«t)'i'  force  in  tiic  FtoriilsK,  t'>  iMunsicur  Lalilte,  or  the  cominBml- 
ant  M  Brttiataria,  dHierf  the  SUt  of  August,  I'll 4. 

I '-ee  admirHl  (Juchrane's  ni-ucl>iination,  dated  at  Bermuda,  tho  3d  bf  Anrik- 
1614. 


OB«iioi  niiunpiral'' 
Drrnt'daionfedrra- 
r  thr  mouth  of  the 
'uinniiiiiilfr  of  the 
cy,'  from  lhi»  iitu- 
>  hia  t-riivc  follow* 
icli  he  slioiilil  lmv<4 
(;iv«n  (o  tlirm  all, 
king  jilnrr ;  iirRur" 
niid  Ihcir  pwrHont* 
,eate  all  linslUitifii 
tee  their  *M\ia  and 
t  Btulion,  until  tho 
vtth  a  guarantee  r'. 
y  to  exemplify  the 
pirate  should  spurn 
answer  was  Indig- 
the  British  propo« 

hich  Great  Britain 
sition  to  the  plain- 
Is,  which  have  ex- 
omineo,  ore  in  the 
r  might  not  shrink, 
southern  states  of 
Iteinent  lo  revolt, 
retaliation,  on  the 
ed  her  against  its 
the  commander  in 
American  station* 
o  juio  the  British 
slight  veil  for  the 
nt  it  had  been  rep> 
the  United  States^ 
iew  ofentering  in* 
settlers  into  some 
who  might  ledis- 
ith  (heir  familiest 
8  of  war,  or  hI  the 
r  (lie  coast  of  the 
either  entering  in- 
free  settlers  to  the 
Indies,  where  they 
e  negroes  seem,  in 
;    no  rel)ellior«  or 
that  in  relation  to 

lel,  commanding  hi? 
le,  or  the  commantl- 

dn,  thB'iiJbf  Aprii, 


Uio««  nhd  wrro  seductd,  or  forced,  from  the  servicr  of  their  lunstcri; 
inslunces  have  occurred  of  some  being  artfiwitrds  Iritutpurted  to  (he 
Hrilish  \V  ist  Indlu  i»lan«li,  tmd  there  sotti  inlo  ■lHvei'> ,  for  the  Iteui  lit 
of  llie  ciiplors,  remains  willioul  conlr.'ilictiou.  Bo  com|ilicaled  nu  net 
of  injustice,  would  demuud  the  reprolialion  of  mankind.  Anil  let  the 
Hritiiili  goverumenl,  which  profeHoes  a  Just  abhorrence  of  lie  African 
ulave  trade;  which  endeavors  to  impose,  in  lliat  reipert,  restraints  up- 
on the  |Hili(j  of  France,  Hpain  and  Portugal ;  answer,  if  it  can,  (he 
•ot(  inu  charge  ugainsl  their  faith  and  their  humanity. 

U.  tireitt  liritain  has  violated  (he  laws  of  civilized  warfare,  hy  plun- 
deriiiK  private  property  {  liy  outraging  fenwle  honor;  liy  burning  iin- 
pniteeted  cities,  towns,  villa^ies  and  houses;  niid  by  laying  watte  whole 
districts  of  tin  unresisting  country. 

The  menace  and  the  practice  «)r  the  Briliah  nnval,  and  military 
force,  "lu  destroy  and  lay  waste  such  towns  and  districts  upon  the 
American  coast,  us  might  be  found  nssailaltle,"  have  lieen  executed 
U|M>u  the  pretext  of  retaliation,  for  (ho  wanton  tieslruction  cnmmittid 
by  the  American  army  in  Up|ier  Canada  ;"*  but  the  fallacy  of  the  pre 
text  has  already  been  exposed.  it  will  be  recoltecled,  however,  that 
the  act  of  burning  Newark  was  instantaneously  disavowed  by  the 
American  government ;  that  it  occurred  in  Decemlier,  1UI.1 — and  that 
sir  George  Prevost  himself  acknowledged,  on  the  lOlh  of  Feliruary, 
1814,  that  the  meaiure  of  retaliation  for  all  the  previously  imputed 
misconduct  of  the  American  troofts,  was  then  full  and  complete.!  Be- 
tween the  month  of  February,  1814,  when  that  acknowledgment  waa 
made,  and  the  month  of  August,  1814,  when  the  British  admiral's  de- 
nunciation was  issued,  wliat  are  the  outrages  upon  the  part  of  the  Amer- 
ican troops  in  Canada,  to  justify  a  call  for  retaliation  ?  No;  it  was  the 
•ystem,  not  the  incident,  of  the  war— and  in(elilgence  of  the  system  hud 
been  received  at  Washington,  from  the  American  agents  in  Europe. 
with  reference  to  the  operations  of  admiral  Warren,  upon  the  shores  or. 
the  Chesapeake,  long  before  admiral  Cochrane  had  succeeded  to  the 
Qommand  of  the  British  fleet  on  the  American  station. 

As  an  appropriate  introiluction  to  the  kind  of  wv,  which  Great, 
Britain  iotetided  to  wage  against  the  inhabitants  of  the  United  States, 
transactions  occurred  in  England,  under  the  avowed  direction  of  the 
government  itself,  that  could  not  fail  to  wound  the  moral  sense  of  eve- 
ry  CHndid  and  generous  spectator.  All  the  officers  and  mariners  of 
American  merchant  ships,  who,  having  lost  their  vessels  in  odicr  plao 
ces,  had  gone  to  England  on  the  way  to  America  :  or  who  had  been 
employed  in  British  merchant  ships,  but  were  desirous  of  returning 
home;  or  who  had  been  detained,  in  consequence  of  the  condemnation 
of  their  vessels  under  the  British  orders  in  council ;  or  who  had  arriv- 
ed in  England  through  any  of  the  other  casualties  of  the  seafaring  life; 
-were  condemned  to  be  treated  as  prisoners  of' war ;  nay,  some  of  theirt 
were  actually  impressed,  while  soliciting  their  passports;  although  nm 
one  of  their  number  had  been,  in  any  way,  engaged  in  lioatilitif^ 

*  See  admirsl  Cochrano's  tetter  t«  Mr.  Monroe,  dated  AuguU  18lii,  18tl. 
t  See  sir  Geofffe  Provost's  letter  lo  general  WllkinM>l^  dated  the  10th  of  F(i> 
Orary,  181^. 

.  ■    •  ■•     -^    ■        ^-;-  •■••   «r*:^ 


v 


)>.^r> 


:i! 


■|«'''^iil! 


:■"!■ 


^'i'f 


i  >  ii 


ki 


against  Great  Britain  ;  ami  aUbouj^h  the  American  government,  had 
a/J<<r(ieil  every  facility  to  tlie  (lt'j»artu»e  of  the  same  class,  as  v  «»ll  as  of 
everj  other  class,  of  Britisii  subjects,  from  the  United  St.ites,  for  a  rea- 
fionaitle  period  after  liie  declaration  of  war.*  But  this  act  of  injustice, 
for  which  even  the  pretext  of  retaliation  hns  not  hcen  a»lvnnced,  was 
a«}compunted  by  another  of  still  greater  cruelty  and  oppression.  The 
iVmerican  seamen,  >vho  had  i.een  enlistet\  or  impressMl,  into  the  nnval 
service  of  Great  Britain,  were  long  retained,  and  many  of  them  are  yet 
retaiued,  on  board  of  jL>ritish  ships  of  war,  w  inre  they  are  compelled  to 
comb^.  against  their  country  and  against  their  friends ;  and  even  when 
the  tintish  government  tardily  and  reluctantly  recognized  the  citixen- 
ship  of  impressed  Americans,  to  a  numiier  exceeding  1000  at  a  single 
nuvul  station,  »nd  dismissed  them  from  its  service  on  the  water;  it  was 
only  to  immure  them  as  prisoners  of  war  on  the  shoife. — These  unfor 
tunate  persons,  who  had  passed  into  the  power  of  the  British  gover'i- 
nient,  by  a  violation  of  their  own  rights  and  inclinations,  as  well  ;iv  of 
the  rights  of  tiieir  country,  and  who  could  oniy  be  regarded  as  the  spoils 
of  unlawful  violence,  were,  nevertheless  treated  as  the  fruits  oS  iuwful 
Trar.  Such  was  the  indemnification,  which  Greet  Britain  ottVrcd  for 
the  wrongs,  that  she  had  inflicted ;  and  such  the  reward,  which  she  be- 
stowed, for  services  that  she  had  received.f 

Nor  has  the  spirit  of  British  warfare  been  confined  to  violations  of 
the  usages  of  civilized  nations,  in  relation  to  the  United  States.  The 
system  of  blockade,  by  orders  in  council,  has  been  revived ;  and  the 
American  coast,  from  Maine  to  Louisiana,  las  l)een  declared,  by  the 
proclamation  of  a  British  admiral,  to  be  in  a  state  of  blockade,  which 
every  day's  observation  proves  to  be,  practically,  ipeflectual,  and  which, 
indeed,  the  whole  of  the  British  navy  would  be  unable  to  enforce  and 
maintain.^  Neither  the  orders  in  council,  acknowledged  to  be  gener- 
ally unlawful,  and  declared  to  be  merely  retaliatory  upon  France;  nor 
the  Berlin  and  Milan  decrees,  which  placed  the  British  islands  in  a 
state  of  blockade,  without  the  force  of  a  single  squadron  to  maintain  it ; 
urere,  in  principle,  more  injurious  to  the  rights  of  neutral  commerce, 
than  the  existing  blockade  of  the  United  States.  The  revival,  there- 
fore, of  the  system,  without  the  retaliatory  pretext,  must  demonstrate 
to  the  world,  a  determination  on  the  part  of  Great  Britain,  to  acquire 
a  comhiercial  monopoly,  by  every  demonstration  of  her  naval  power. 
The  trade  of  the  United  States  with  Russia,  and  with  other  northern 
powers,  by  whose  governments  no  edicts,  violating  neutral  rights,  had 
been  issued,  was  cut  off  by  the  operation  of  the  British  orders  in  coun- 
cil of  the  year  1807,  as  effectually  as  their  trade  with  France  and  her  al- 
lies, although  the  retaliatory  principle  was  totally  inapplicable  to  the 
case.  And  the  blockade  of  the  year  1814,  is  an  attempt  to  destroy  the 
trade  of  those  nation?,  and  iudsed,  of  all  the  other  nations  of  Europe, 

»  See  Mr.  Beasley's  coriistpondenoe  with  the  British  government,  in  October, 
Norember  and  December,  1812.  See,  al«o,  the  ect  of  CongreRs,  passed  the  6tli  ot' 
July,  ISti!. 

t  See  the  letter  from  Mr.  Boaeley,  to  Mr.  M'Leay,  dated  the  IStb  of  March, 
1815. 

:|:See  the  successive  blockades  ^announced  by  the  British  ^overument,  and  tht 
4Ucaesrive  oaval  commanders  on  the  Amerioan  statiop.  <,        ,  ,  ^ 


nerlcnn  government,  had 
same  clat^!?,  as  v  «>ll  as  of 
(  United  St.ites,  for  a  rea- 
But  this  act  of  injusticet 
not  ItecD  a<tvnnceil,  was 
y  and  oppression.      The 
impressiHi,  into  the  naval 
and  many  of  them  are  yet 
ire  they  are  compelled  to 
r  friends ;  and  even  when 
y  recoa;nized  the  citiKcn- 
Lceeding  1000  at  a  sinj^lc 
vice  on  tSie  water ;  it  was 
the  shoife. — These  imfor 
er  of  the  British  gover'i- 
inclinations,  as  well  ;iv  jf 
y  be  regarded  as  the  spoils 
ted  as  the  fruits  oS  iuwful 
Greet  Britain  oftVred  for 
:he  reward,  which  she  be- 

.  confined  to  violations  ol 
the  United  States.  The 
8  been  revived ;  and  the 
•as  l)een  declared,  by  the 
.  state  of  blockade,  which 
lly,  iqefiectual,  and  which, 
be  unable  to  enforce  and 
cknqwiedged  to  be  gener- 
iatory  upon  France;  nor 
1  the  British  islands  in  a 
le  squadron  to  maintain  it ; 
;hts  of  neutral  commerce, 
tea.  The  revival,  there- 
tretext,  must  demonstrate 
Great  Britain,  to  acquire 
Bition  of  her  naval  power, 
and  with  other  northern 
>1ating  neutral  rights,  had 
ie  British  orders  in  coun- 
(]e  with  France  and  her  al- 
otally  inapplicable  to  the 
i^n  attempt  to  destroy  the 
other  nations  of  Europe, 

tish  government,  in  October, 
of  CongreRs,  passed  the  6tli  of 

ly,  dated  the  IStb  of  Marcb, 

British  government,  and  tht 


53 

with  the  United  States;  while  Great  Britain,  herself,  with  the  aaaie 
policy  and  ardor,  that  marked  her  illicit  trade  with  France,  when 
Frapce  was  her  enemy,  encourages  a  clandestine  traffic  between  her 
sulijects  and  the  American  citizens,  wherever  her  [lossessions  come  in 
contact  wilh  the  territory  of  the  United  States. 

But  approaching  nearer  to  the  scenes  of  plunder  and  violence,  of  cru- 
elly and  coullagration,  which  the  British  warfare  exhibits  on  the  coasts 
of  tiie  United  States,  it  must  be  again  asked,  what  acts  of  the  Ameri- 
can goverumenl,  of  its  shijis  of  war,  or  of  its  armies,  had  occurred,  or 
were  even  alledged,  as  a  pretext  for  the  perpetration  of  this  series  of 
outrages?  It  will  not  be  asserteil,  that  they  were  sanctioned  by  the 
usages  of  modern  war ;  because  the  sense  of  all  Europe  would  revolt 
at  (he  :issertion.  It  will  not  be  said,  that  they  were  the  unauthorised 
excesses  of  the  British  troops ;  because  scarcely  an  act  of  plunder  and 
violence,  of  cruelty  and  conflagration,  has  been  committ(!d,  except  in 
the  immediate  presence,  under  the  positive  orders,  and  with  the  per- 
gonal agency,  of  British  officers.  It  must  not  be  again  insinuated,  that 
they  were  provoked  by  the  American  example;  because  it  has  been 
demonstrated,  that  all  such  insinuations  are  without  color,  and  without; 
proof.  And,  after  all,  the  dreadful  and  disgraceful  progress  of  (he  Brit- 
ish arms,  will  be  traced,  as  the  effect  of  that  animosity,  arising  out  of 
recollections  connected  with  the  American  revolution,  which  has  al- 
ready been  noticed ;  or,  as  the  effect  of  that  Jealousy,  which  the  com- 
mercial enterprise,  and  native  resources,  of  the  United  States,  are  cal- 
culated to  excite,  in  the  councils  of  a  nation,  aiming  at  universal  do- 
minion upon  the  ocean> 

In  the  month  of  April,  1813,  the  inhabitants  of  Poplar  island,  in  the^ 
bay  of  Chesapeakp,  were  pillaged;  and  the  cattle,  and  other  live  stock 
of  the  farmers,  beyond  what  the  enemy  could  remove,  were  wantonly 
killed.* 

In  the  same  month  of  Afjril,  the  wharf,  the  store,  and  the  fishery,  at 
Frenchfown  landfng  were  destroyed,  and  the  private  stores,  and  store 
houses,  in  the  village  of  Frenchtown,  were  burnt.t 

In  the  same  month  of  A|)ril,  the  enemy  landed  repeatedly  on  Sharp's 
island,  and  made  a  general  sweep  of  the  stock,  affecting,  however,  to 
pay  for  a  part  of  it.| 

On  the  3d  of  May,  1813,  the  town  of  Havre  de  Grace  was  pillaged 
and  burnt,  by  a  force  under  the  command  of  admiral  Cockburn.  The 
British  officers  being  admonished,  "  that  wilh  civilized  nations  at  war, 
private  property  had  abvays  been  respected,"  hastily  replied,  "  that  afi 
the  Americans  wanted  war,  they  should  now  feel  its  effects ;  and  that 
the  town  should  be  laid  in  ashes."  They  broke  the  windows  of  the 
church ;  they  purloined  the  houses  of  the  furniture ;  they  stripped  wo- 
men and  children  of  their  clothes;  and  when  an  unfortunate  female 
complained,  that  she  could  not  leave  her  house  with  her  little  children, 
she  was  unfeelingly  told,  "  that  her  house  should  be  burnt  with  herselt 
and  children  in  it."!! 


•  See  the  c'epositlon  of  Wm.  5ear9.  •_  ' 

t  See  the  depositions  of  Frisby  Anderson,  and  Conlclia  Pennington. 

I  See  Jacob  Gibson's  deposition. 

II  Seethe  depositionE  of W.T.  KilpntiicW.  ^  Wood,  R.  >loor»  A'  B.  IMnnsGe'hl 


M 


i'^1 


* 


*fil 


II 


*;  1^ 


•ir<j44 


M 

On  the  0th  of  May,  1B13,  Ficdericktonn  and  Georgetown,  iituatcd 
on  bassifras  iin«t,  in  (lie  staif  iif  Maryland,  uert-  lillaned  and  Imrnt, 
anil  the  adjacent  count ry  was  laid  waste,  by  a  force  under  the  com- 
mand of  admiral  Cockburn ;  and  the  olBcere  were  Uie  most  active  on 
the  occasion.* 

On  the  22d  of  June,  l8l3,  the  British  forces  made  an  attack  on  Cra- 
ney  Island,  with  a  view  to  take  possession  of  Norfolk,  which  the  com- 
manding officers  had  promised  in  case  of  success,  to  give  up  to  the 
plunder  of  the  troope.f  The  British  wer«  repulsed ;  hut  euraged  by 
deJeiit  and  disappointment,  their  course  was  directed  to  Hampton,  which 
they  entered  on  the  of  June.  The  scene,  that  ensued,  exceeds  all 
power  of  description;  and  a  detail  of  facts  would  he  offensive  to  the 
feelings  of  decorum,  as  well  as  of  humanity.  "  A  defenceless  and  un- 
resistmg  town  was  given  up  to  indiscriminate  pillage;  though  civili?.ed 
var  tolerates  this  only,  as  to  fortified  places  carried  by  assault,  and  af- 
ter summons.  Imllviduals,  male  and  female,  wer^'  stripped  nake.S ;  a 
•ick  man  was  stabbed  twice  in  the  hospital;  another  sick  man  wa»  shot 
in  his  bed,  in  the  ai-ms  of  his  wife,  who  was  also  wounded,  long  ..fter  the 
^treat  of  the  American  troops;  and  females,  the  married  and  tl-e  sin- 
gle, BulTered  the  extremity  of  personal  abuse  from  the  troops  of  the  en- 
emy,  and  from  the  infatuated  negroes,  at  their  instifiation.lt  The  fact 
that  these  atrocities  were  committed,  the  commander  of  the  liriiish 
fleet,  admiral  Warren,  and  the  commander  of  the  British  troops,  sir  Sid- 
ney Beckwith,  admitted,  without  hesitBtion,||  but  they  resorted,  as  on 
other  occasions,  to  the  unworthy  and  unavailing  pretextof  a  JMstifir.ble 
Mtaliatlon.  It  was  said,  by  the  British  general,  « that  the  excesses  at 
Hampton  were,  occasioned  by  an  occurrence,  at  the  recent  attempt  up- 
on Craney  Island,  when  the  British  troops  in  a  barge,  sunk  by  th^ 
American  guns,  clung  to  the  wreck  of  the  boat;  hut  several  Americans 
waded  off  from  the  island,  fired  U|K)n  and  shot  these  men."  The  tr"»U 
of  the  assertion  was  denied;  the  act,  ifit  had  been  perpetrated  by  the 
American  troops,  was  promptly  disavowed  1-y  their  commander;  and  a 
board  of  officers  appointed  to  investlgiite  the  fects,  after  gtating  the  evi•^ 
dence,  reported  "an  unbiassed  opinion,thMt  the  charge  against  theiAmer- 
ican  trwps  was  unsupported ;  and  that  the  character  of  the  America^ 
soldiery  for  humanity  and  magnanimity,  had  not  been  committed,  but 

•  Sec  thp  depositions  of  John  Stavelj-,  William  Spenc«r,  Joishua  Ward,  Jame* 
J'eanlBn,  Richard  Barnaby,  F.  B.  (  handlear,  Jonathan  Gfeenwood,  John  Alleo; 
J.  Robcrtyon,  M.  N.  Cannon,  and  J,T.  Veasey.  *' 

+  ^pc  general  Tayl..  's  letter  to  tlie  secretary  at  war,  dated  the  2d  of  July.  181S. 

^oTo*^**  "'"'■*  '^'■""'  «'""•  ''""y'o''  ♦"  admiral  Warren,  dated  the  29th  of  June. 

IB13  ;  to  general  sir  Sidney  Beckwith,  dated  the  4th,  and  5th,  of  July,  1818  • 
to  the  secretary  of  war,  dated  the  2d  of  July,  t013 ;  and  to  captain  Myers,  ol 
the  last  date.  r  j      t 

onfv"/!*"'  ^-li* le"e'".'"">«n  '""jor  Crutchfield,  to  governor  Barbour,  dated  the 
JOthnt.lum,  1813  ;  the  letters  from  captain  Cooper  to  lieutenant  governor  Mai- 
tory  dated  ,n  July,  Ifll.S;  the  report  of  Messrs.  Griffin  and  Lively,  to  major 
CrutchQeld,  dated  the  4th  of  July,  1813;  aud  colonel  Parker»»  publication  in  the 
iinquirer.  "^ 

llj^ee  admiral  Warren's  letter  to  general  Taylor,  dated  the 29th  of  June,  181»S 
?>r  Hdney  Beckvyith'.s  letter  to  general  Taylor,  dated  the  ume  day  ;  end  the  m 
iJOrtofraptamjVTyerstogcnerHlTaviOir,  of  Jnly2d,  181».  ^Tj 


^ 


1'' 


eorgelowD,  ittuatcd 
|.iltu{red  nnd  burnt, 
ce  uniler  the  com- 
the  most  active  un 

ie  an  attack  on  Cra- 
Ik,  which  the  com- 
,  to  give  u|)  to  the 
il ;  hut  ei.rHged  by 
to  Hampton,  which 
ensued,  exceeds  ull 
he  ofl'ensive  to  the 
defenceless  and  uu> 
:;.  though  civili7,ed 
I  by  assault,  and  »r« 
stripped  naket'. ;  a 
rsick  man  v,a»  shot 
nded,  long  .ifttT  thei 
lurried  and  tl'e  nin- 
lie  troops  of  the  en- 
^ation4  The  fact 
ider  of  the  British 
itish  troops,  sir  Hid- 
hey  resorted,  as  on 
etexl  of  ajgstitir.bie 
but  the  excesses  at 

recent  attempt  up- 
iar«;e,  sunk  by  thf^ 

several  Americans 
roea."     The  »ri:t!i 

perpetrated  by  the 
commander;  nnd  a 
fter  stating  the  evi-v 
e  against  the' Amer- 

r  of  the  Americaqi 
en  committed,  but 

Jofbua  Ward,  .Tame# 
enwood,  Joha  Alleo^ 

theSaofJuly,  18tS. 

ted  the  29th  of  June, 

I  5th,  of  July,  181S: 

to  captain  Myeri,  oi 

Barbour,  dated  the 
«nant  governor  Mal> 
nd  Lively,  to  major 

'*•  pnblioKtion  in  the 

29thof  June,  18t9^ 
ne  4mf  \  toA  tke  re\ 


on  the  contrary  confirmed."*  The  result  of  this  enquiry  waa  commtf^ 
li>c..letj  u>  ..II'  Briiish  general;  reparation  was  demanded;  >>ut  it  was 
Si.  !i  !  erct  ived,  ihrtt  >vhatever  might  personally  be  the  liberal  dkf.oui- 
ti.'iii,  oi  thit  otficer,  no  adequate  reparation  could  be  made,  as  (he  coa* 
cii.<    ui"  bis  iroops  was  directed  t^nd  sanctioned  by  his  govemment.f 

During- the  period  of  these  transactions,  the  village  of  Lewistown, 
near  th«?  capea  of  the  Delaware,  inhabited  chiefly  by  fishermen  and  pi- 
lots, and  the  village  of  Stonnington,  seated  upon  the  shores  of  Connect- 
icut, were  unsuccessfully  boml)arded.  Armed  parties,  led  by  oflirem 
of  rank,  landed  daily  from  the  British  squadron,  making  predatory  in- 
cursions into  the  bpen  country :  rifling  and  burning  the  houses  and  cot- 
tages of  peaceable  and  retired  families,  pillaging  the  produce  of  the 
planter  and  the  farmer;  (their  tobacco,  their  grain,  and  their  cattle;) 
committing  violence  on  the  persons  of  the  unprotected  inliabilants ; 
seizing  upon  slaves,  wherever  they  could  be  found,  as  liooty  of  war  ; 
and  breaking  open  the  cotiins  of  the  dead,  in  search  of  plunder,  or  com* 
mitting  robliery  on  the  altars  of  a  church  at  Chaptico,  St.  Inigoes,  and 
Tappahannock,  with  a  sanriligious  race. 

But  the  consummation  of  British  outrage,  yet  remains  to  he  stated, 
from  the  awful  and  imperishable  memorial  of  the  capitol  at  Washing- 
ton. It  has  been  already  observed,  that  the  massacre  of  the  American 
prisoners,  at  the  river  Raisin,  occurred  in  January,  1813;  that  through- 
out the  same  year,  the  desolating  warfare  of  Great  Britain,  without 
once  alledging  a  retalia'tir\  ^cuse,  made  the  shores  of  the  Chesa- 
peake, and  of  its  tributar}  ^'  ■■  a  general  scene  of  ruin  and  distress ; 
and  that  in  t'  month  of  '•'«  l  ,i  1814,  sir  George  Prevost  himself, 
acknowlcdgi'ii,  that  the  mt  ^  of  retaliation,  for  the  unautliorisetl 

burning  of  Newark,  in  December,  !8]3,  and  for  aS]  the  excesses  which 
bad  been  imfiuted  to  the  American  army,  was,  at  that  time,  fuH  and 
complete.  The  United  States,  indeed,  reganiing  what  was  due  to  their 
own  character,  rather  than  what  Wiis  due  to  the  conduct  of  their  enemy, 
had  forborne  to  authorise  a  just  retribution ;  ami  even  disdained  to 
place  the  destruction  of  Newark  to  retiiliatory  account,  for  the  general 
pillage  and  conflagration  which  had  been  previously  perpetrated.  It 
Vas  not  without  astonishment,  therefore,  that  itfter  more  than  a  year  of 
patient  sufiering,  they  heani  it  imnounced  in  August,  181  J,  that  tJie 
towns  and  districts  upon  their  coast,  were  to  lie  destroyed  ami  laid 
ifTtste,  in  revenee  for  the  unspocitied  and  unknown  acts  of  deslnic- 
iiun,  which  are  char^jed  agrtinst  the  Americiin  (roofts  in  UpperCana- 
da.  'J'he  letter  of  admiral  Cochrane  was  dated  on  thie  18lh,  but  it  war 
not  received  until  the  Slst  of  August,  1814.'  In  the  intermediate  time, 
the  enemy  debarked  a  iiody  of  aliout  five  or  six  thousand  troops  at  Ben- 
edict, on  the  Patuxent,  and  by  a  sudden  and  steady  march  through 
Bladensburgh,  approaclied  the  city  of  Washington.  This  city  ha? 
been  selected  for  ihe  seat  of  the  American  government ;  but  the  num- 
ber of  its  houses  does  not  exceed  nine  hundred,  spread  over  an  exten- 

*  See  th»  report  of  the  proceeding!)  of  the  board  of  offlccrs,  appointed  by  the 
gtaerai  order,  of  the  1H  of  July,  1813. 

t.See  general  Taylor's  letter  to  sir  Sidney  Beckwitb,  dated  the  Sth  of  Joly, 
M15;  ajKi  the  aasirer  of  the  following  day. 


t 


111     il 


:,]:> 


■J 


A 


«*  . 


■"■ 


It 


66 


U 


** 


Hive  Bcite ;  Ihe  whole  number  of  ils  inhabitants  docs  not  exceed  eight 
thousand;  and  the  adjacent  country  is  thinly  |iopulated.  Although  the 
necessary  precautions  had  been  ordered,  to  assemble  the  militia,  for  the 
defence  of  the  city,  a  variety  of  causes  combined  to  render  the  defence 
unsuccessful ;  and  the  enemy  took  possession  of  Washington  on  the 
evening  of  the  24th  of  August,  1C14,  The  commanders  of  the  British 
force  held  at  that  time  admiral  Cochrane's  desolating  order,  although  it 
was  then  unknown  to  the  government  and  people  of  the  United  States; 
but  conscious  of  the  danger  of  so  distant  a  separation  fi'om  the  British 
fleet,  and  dc^sirous,  by  every  plausible  artifice,  to  deter  the,  citizens 
from  flying  to  arms  against  the  invaders,  they  disavowed  all  design,  of 
iiyuring  private  pqrsons  and  propert},  and  gave  assurances  of  protec- 
tiou,  wherever  there  was  submission.  General  Ross  and  admiral 'Cock- 
burn  then  proceeded  in  person  to  direct  and  superintend  the  busiues^ 
of  conflagration;  in  a  place,  which  had  yielded  to  their  arms,  which 
was  unfortified,  and  by  which  no  hostility  was  tfireatened.  They  set 
fire  to  the  citpitol,  wkhin  whose  walls  were  contained  the  halls  of  the 
congress  of  the  United  States,  the  hall  of  their  highest  tribunal  for  thft 
administration  of  justice,  the  archives  of  the  legislature,  and  the  nation- 
al liluary.  .  They  set  lire  to  the  edifice,  which  the  United  States  had 
erected  for  the  residence  of  their  chief  magistrate.  And  they  set  fire 
to  the  costly  and  extensive  building,  erected  for  the  accommo<]ation  of 
ihe  principal  ofTicers  of  the  government,  in  the  transaction  of  the  pul> 
lie  business.  These  magnilicent  monuments  of  the  progress  of  the  arts, 
^hich  America  had  borrowed  from  her  parent  Europe,  with  all  the  te»- 
/timonials  of  taste  and  literature  which  they  contained,  were,  on  the 
Oiemorable  night  of  the  24th  of  August,  consigned  to  the  flames,  while 
British  officers  of  high  rank  and  command,,  united  with  their  troops  vjk 
riotous  carousal  by  the  light  of  the  burning  [die. 

But  the  character  of  the  incendiary  had  so  entirely,  supercedetl  the 
character  of  the  soldier  on  this  un{Hiralleled  expedition,  that  a  great 
portion  of  the  munitions  of  war,  \«hich  had  not  lieen  consumed,  whea 
the  navy-yard  was  onlered  to  he  ilestroyed  upon  the  approach  of  the 
British  troops,  were  left  untouched ;  and  an  extensive  foundery  of  can* 
Don,  adjoining  the  city  of  Washington,  was  left  uninjured;  when,  i^  • 
ttie  night  of  the  25th  of  August,  the  army  suddenly  decamped,  and  re- 
turning, with  evident  marks  of  precipitation  and  alarm,  to  their  8hi|)B, 
left  the  interment  of  their  dead,  and  the  care  of  their  wounded,  to  th^ 
enemy;  whom  they  had  thus  injured  and  insulted,  in  violation  of  th« 
laws  of  civilized  war. 

The  counterpart  of  the  scene  exhibited  by  the  British  army,  w^ 
next  exhibited  by  the  British  navy.  Soon  after  the  midnight  flight  <^ 
general  Ross  from  Washington,  a  squadron  of  British  ships  of  war  aa* 
eended  *hr  Potomac,  and  reached  the  town  of  Alexandria  on  the  27tl| 
of  August,  1814.  The  magistrates,  presuming  that  the  general  destrucr 
tion  of  the  town  was  intended,  asked  on  what  terms  it  might  be  savedi 
^he  naval  commander  declared,  "  that  the  only  conditions  in  liis  pow«  . 
er  to  offer,  were.8iK;h  as  not  only  requireil  a  surrender  of  all  naval  hnd 
ordinance  stores,  (piillic  and  private,)  but  of  all  the  shipping;  and  dt ' 
all  merchandise  in  the  city,  as  well  as  such  as  had  been  removed,  since 
the  10th  of  August."     The  conditions,  therefore,  amounted  to  the  en* 


>e8  not  exceed  eiglii 
ilated.  Although  the 
le  the  militia,  for  the 
o  render  the  defence 
Washington  on  the 
tndera  of  the  British 
ng  order,  although  it 
»f  the  United  States; 
ion  from  the  British 

0  deter  tlie,  citizens 
ivewed  all  desigp  of 
SBurances  of  |)rrttec- 
is  and  iidmiral  'Cock- 
'iniend  the  busiuea^ 

their  arms,  winch 
atened.  They  set 
ned  the  hails  qf  the 
hest  tribunal  for  thf: 
lure,  and  the  natina- 

United  States  had 
And  they  set  fire 
le  accommodation  of 
nsaction  of  the  pub- 
!  Itrogress  of  the  arts, 
>|)e,  with  all  the  te^ 
ained,  were,  on  the 

1  to  the  flames,  while 
with  their  troojja  i|k 

irely,  8upercede<l  thy 
>dition,  that  a  great 
en  consumed,  whejn 
the  approach  of  (he 
ive  foundery  of  can- 
ninjured;  when,  in  • 
{  decamped,  and  rc- 
larm,  to  (heir  ships, 
eir  wounded,  to  th* 
in  yiolatioa  of  thil 

'  British  array,  w^ 
e  midnight  flight  of 
ish  ships  of  war  a«* 
andria  on  the  27tlik 
the  general  destrucf 
\  it  might  be  Bave4* 
iditions  in  his  pow* . 
ler  of  all  naval  hnd 
?  shipping ;  and  dt 
leen  removed,  since 
mounted  to  the  en* 


■tr* 


199= 


%i.  'xW  3,    <i 


^Ifire  tilitnder  of  Alexandria,  am  unfortified  and  unresisting  town,  iu  oi'- 
ider  tosave  the  buildings  from  destruction.  Thecupitulation  wasmadei 
•od  the  eneoty  bore  away  the  fruits  of  his  predatory  enterprise,  in  tri- 

BlOftb. 

.    But  even  while  thil  narrative  ie  passing  from  ihe  press,  a  new  retali- 
atory pretext  baa  been  formed,  to  cover  the  disgrace  of  the  scene,  which 
iHras  traniMcted  At  Washington.    In  the  address  of  (he  governor  in  chief 
to  the  provincial  pariiament  of  Canada,  on  the  ii-llh  of  January,  1815, 
it  is  aswrted,  iik  ambiguous  language,  "  that,  as  a  just  retribution,  the 
proud  capitol  at  Washington,  bv  experienced  a  similar  fate  to  that  in- 
flicted by  an  Ataierican  force  on  Ihe  seat  ef  govenmunt  in  Upper  Can- 
ada."   The  iown  of  York:,  ib  Upper  Canada,  was  talicn  by  the  Amer- 
ican army  under  the  command  of  general  Dearborn,  on  (he  27th  of 
April,  1813  ;*  and  it  Vras  evacuated  on  the  succeeding  1st  of  May ;  al* 
Iboush  it  was  again  visited  for  a  day,  by  an  American  squadron,  under 
the  cobunand  of  coounodore  Chauncey,  on  the  4th  of  August.f     At  tlie 
time  of  the  capture,,  the  enemy  on  his  retreat  set  fire  to  his  magazine, 
and  the  iiyury  produced  by  the  Explosion  was  great  and  extensive ;  Ijut 
iwlther  then  or  on  the  visit  of  coaunod<»re  Chauncey,  was  any  <•  lifice, 
irhicb  bad  been  erected  for  divil  uses,  destroyed  by  the  authority  of  the 
military  or  naval  commander;    and  the  destruction  of  such  edificeo,  by 
any  part  of  their  force,  would  have  been  a  direct  violation  of  the  \mai- 
tive  orders  which  they  had  issued.     On  both  occasions,  indeed,  the 
public  stores  of  the  enemy  were  authorised  to  be  seised,  and  his  pnblic 
store-houses  to  be  burnt;  but  it  is  known  that  private  persons,  housesi 
and  iirotierty,  were  left  uniiyured.      If,  therefore,  sir  George  Prevost 
deems  such  acts,  inflicted  on  "  the  seat  of  government  in  Upjter  Cana- 
da" similar  to  the  acts  which  were  per|)etrated  at  Washington,  he  h»a 
ftt  to  perform  the  task  of  tracing  the  features  of  similarity ;    since,  at 
Washington  the  public  edifices  which  had  been  erected  for  •   vil  uses« 
Were  alone  destroyed,  while  the  munitionB  of  war,  and  the  founderiesof 
dannon,  remained  untouched. 

!f,  however,  it  be  meant  to  affirm,  that  the  public  edifices,  occupied 
by  the  legislature,  by  the  chief  magistrate,  by  the  courts  of  justice,  and 
by  the  civil  functionaries  of  the  province  of  Upper  Canada,  with  the 
provincial  liljrary,  wen)  destroyed  by  the  American  force,  it  is  an  oc- 
currence which  has  never  been  before  presented  to  (he  view  of  the 
American  government  by  its  own  officers,  as  a  matter  of  information; 
y  by  any  of  the  military  or  civil  authorities  of  Canada,  as  a  matter  of 
dtmplahit;  it  i«  an  occurrence  which  no  American  commander  bad  in 
any  degrte  authorised  or  approve«l ;  and  it  is  an  occurrence  which  the 
American  government  would  have  Censured  and  repaired  with  equal 
promptitude  and  liberality. 

But  a  tale  told  thus  out  of  date,  for  a  special  purpose,  cannot  com- 
mand the  confidence  of  the  intelligent  and  the  candid  auditor;  for,  even 
if  the  fact  of  conflagration  be  true,  suspicion  must  attend  the  cause  for 
'PtoPg  a  concealment,  with  motives  so  strong  for  an  immediate  disclo- 

•  8ee  the  Ictiors  from  general  Dearborn  to  the  secretary  of  war,  dated -the  27th 
and  x8ta  of  April,  181S. 

t  See  the  letter  fVom  conmodore  Chauncey  to  the  secretary  oF  the  navy,  dated 
tbeltnof  Aug«tt,Hld.  ' 


#' 


i  '  IB 

ill".  •■■ 


'M 


Hi' 
'.Hi 


•'"Pi 


it  II  It 


•H 


,T"  « 


;-,i-»!^ 


ft 


i 


58 

wire.  When  Bir  fJeorge  PrevoBt,  in  Februaiy,  1814,  •cknowledgmT, 
th:it  the  mensure  of  retaliation  was  full  and  complete,  for  all  the  pre^ 
ceding  misconduct impute<l  to  the  AmnricHn  troopit,  wa«  be  notappriar 
e<l  of  every  fact,  which  had  occurred  at  Ypric,  the  capital  of  Upper 
Chnudu,  in  tW  months  of  April  ami  August,  1813  ?  Yet,  neither  then, 
finr  4  any  antecedent  perioil,  nor  until  the  24th  of  January,  1815,  was 
the  Blij^htest  intimation  p;iven  of  the  retaliatory  pretext,  which  is  now 
otl«'r».d.  Whpii  the  admirald  Warren  an»l  Cochfnne  were  employed  in 
piltagins  And  burning  the  villnaieB  un  the  shores  of  the  Cbesapeftke, 
•were  not  all  the  retaliatory  pretexts  for  the  barbarous  warfare  knowii 
(o  those  copimanders  ?  And  yet,  **  the  fate  inflicted  by  an  Americttk 
ftiTce  on  the  seat  of  governnjient  in  Upper  Canada,"  was*  never  suggest- 
ed in  justification,  or  excuse;  and,  finally,  when  the  ex|ie(lient  was 
formed,  in  August,  1814,  for  tlie  destruction  of  ttie  public  e<Ufiees  at 
Washington,  was  not  the  "  similar  fate  which  had  been  inflicted  hy  ao 
American  force  on  the  seat  of  government  in  Upper  Canada,"  known 
to  admiral  Cochrane,  as  well  as  to  air  George  Prevost,  who  called  up- 
on the  admiral  (it  is  alledged)  to  carry  into  eflect,  mei^Biures  of  retalia- 
tion, .-gainst  the  inhabitants  of  the  United  States  ?— -And  yet,  both  the 
call,  and  tl\e  com|)iiance,  are  founded  (not  upon  the  destruction  of  the 
public  etlifices  at  York,  but)  ufton  the  wanton  destruction  committed  by 
the  American  army  in  Upijer  Canada,  upon  the  inhabitants  of  the  pro- 
vince, for  whom  alone  reparation  was  demanded. 

An  obscuHty,  then,  dwSlls  n;ton  the  feet  alledged  by  sir  Oeocge  Pre- 
vost, which  has  not  been  dissipated  by  enquiry.  ■  Whether  any  public 
edifice  was  improperly  destroyeti  at  York,  or  at  what  period  the  iiyury 
was  done,  if  done  at  all,  and  by  what  hand  it  was  inflicted,  are  points 
that  ought  to  have  been  stated,  when  the  charge  was  made;  surely  it  is 
enough  on  the  part  of  the  American  government  to  repeat,  that  tlie  fiict 
alledged  was  never  before  brought  to  ita  knowledge,  for  investigation, 
disavowal,  or  reparation.  The  silence  of  the  miiitaiy  and.civil  oC^cers 
of  the  provincial  government  of  Canada,  indicates,  too,  ^  9ense  of 
shame,  or  conviction  of  the  iryustioe  of  the  present  reproach.  It  is 
known,  that  there  could  have  been  no  other  public  edifice  for  civil  uses 
destroyed  in  Upper  Canada,  than  the  bouse  of  the  provincial  legisla- 
ture, tl  building  of  so  little  cost  and  ornament,  as  hardly  to  merit  con- 
sideration; and  certainly  a&brding  neither  parallel  nor  apology,  for 
the  conflagration  of  the  splendid  structures,  which  adorned  the  metrop- 
olis of  the  United  Stntes. 

If,  however,  that  house  was  indeed  destroyed,  majr  it  not  have  been 
an  accidental  consequence  of  the  confusion,  in  which  the  explosion  of 
the  magazine  involved  the  town  ?  Or,  perhaps  it  was  hastily  perpetra- 
ted by  some  of  the  enraged  troops  in  the  moment  of  anguish,  for  the  loss 
of  A  beloved  commander,  and  their  companions,  who  had  been  killed 
by  that  explosion,  kindleii  as  it  was  by  a  defeated  enemy,  fpr  the  saof 
guinary  and  unavailing  puqiose :  Or,  in  fine,  some  sufTerlng  individur 
•I,  remen^ering  the  slaughter  ofHb  brethren  at  the  river  Raisin,  and  ex- 
asperated by  the  spectacle  of  a  human  scalp,  sus|tendid  in  the  legisla- 
tive chamber,  over  the  seat  of  the  speaker,  may,  in  the  paroxysm  cMT  his 
vengeance,  have  applied,  unauthorised  and  unseen,  the  torch  of  vep- 
geance  and  destruction. 


J 


(14,  acknowledgm!, 
itf,  for  all  the  pre> 
,  wm  be  not  apprifep 
e  capital  of  Ifpiter 

Yet,  neither  then, 
January,  1815,  waa 
text,  which  is  now 
!  were  employed  in 
of  the  Cbeaapealie, 
■ouB  warfare  known 
i>(l  by  an  Americtti 
'  was  never  soggest- 

the  ex|ie(lient  was 
e  public  edifices  at 
lieen  inflicted  hy  aa 
Br  Canada,"  known 
'ost,  who  called  up> 
measiues  of  retalia> 
—And  yet,  both  the 
le  destruction  of  the 
iction  committed  by 
habitants  of  the  pro- 


1  by  sir  George  Pre- 
HThether  any  public 
Ut  period  the  injury 
inflicted,  are  points 
ismade;  surely  it  is 
repeat,  that  the  fact 
,  for  investigation, 
try  and.civil  officers 
ites,  too,  1^  9ense  of 
it  reproach.  It  is 
edifice  for  civil  uses 
3  provincial  legisla* 
lardly  to  merit  con- 
el  nor  apology,  for 
idomed  the  metrop- 

tay  it  not  have  been 
ich  the  explosion  of 
ras  hastily  perpetra- 
anguisb,  for  the  loss 
who  had  been  killed 
enemy,  fpr  the  san-t 
isuflering  individu- 
river  Raisin,  and  .ex- 
endid  in  the  legisla- 
the  paroxysm^ his 
p,  the  torch  of  ve^T 


■f.- 


f 


59  . 

*■■  .  ^  ■ 

Many  olbex  flogrant  iustpnces  of  British  violence,  iiillsi;e,  and  con- 
flagratinn,  in  defiance  of  the  laws  of  civilized  hostilities,  i^ht  be  ad- 
ded to  thp  catalogue,  which  has  been  exhibited ;  the  enumeiraon  waul<9 
be  superfluous,  and  it  is  time  to  cipse  so  painful  an  exposition  of  the 
causes  and  character  of  the  war.  The  exposition  had  become  necewia- 
ly  to  repel  and  refute  the  charges  of  the  piinee  regent,  when,  by  his 
declaration  of  January,  1813,  he  uiuustly  states  the  United  States  to  be 
the  aggressors  in  the  war;  and  insultingly  ascribes  tt\e  conduct  of  t|)e 
Aineriean  government,  to  the  influence  of  French  coyncils*  It  was, 
ulso,  necessary  to  vindicate  the  course  of  (he  United  States,  in  the 
prosecutiqn  of  the  war ;  and  to  expose  to  the  view  of  the  world  the  sys- 
tem of  hostilities,  whkh  the  British  government  has  pursued.  Having 
accomplished  tlicse  purposes,  the  AmericAn  governinent  recurs,  with 
pleasure,  to  a  contemplation  of  its  early  and  continued  efibrts,  for  t(ie 
restoration  of  peace.  Notwithstanding  the  pressure  of  the  recent 
wrongs,  and  the  unfriendly  and  illiberal  disposition,  which  Great  Brit- 
idn  hai,  at  all  times,  manifested  towards  them,  the  United  States  have 
never  iiMlidged  oentiments  incompatible  with  the  reciprocity  of  good 
twill,  and  an  intercourse  of  mutual  benefit  and  advantage.— They  can 
never  repine,  at  seeing  the  British  nation  great,  prosperous^  and  happy ; 
safe  in  its  maritime  rights ;  and  powerful  in  its  means  of  Aiaint^ning 
them ;  but,  at  the  qame  time,  they  can  never  cease  to  desire,  tliat  the 
councils  of  Great  Britain  should  be  guided  by  justice,  and  a  respect  for 
ihe  equal  rights  of  other  nations.  Her  maritime  pow«r  may  extend  to 
all  the  legitimate  ohjecta  of  her  sovereignty,  and  her  commerce,  without 
endangering  the  independence  and  peace  of  every,  other  government. 
A  balance  (^  power,  in  this  respect,  js  as  necessary  on  the  ocean,  as  on 
the  land ;  and  the  control  that  it  gives  to  the  nations  of  the  world,  over 
the  actions  of  each  other,  is  as  salutary  in  its  o|)eration  to  the  individr 
nal  government,  which  feels  it,  as  to  all  the  governments,  by  which,  on 
the  Just  principles  of.  mutual  support  and  defence,  it  may  be  exercised. 
Op  fair,  and  equal,  and  honorable  terms,  therefore,  peace  is  at  the  choice 
of  Great  Britain;  but  if  she  still  determine  upon  war,  the  United  States, 
teposing  iipon  the  justness  of  their  cause;  ,upon  the  patriotism  of  their 
eitisens ;  upon  the  distinguished  valor  of  their  land  and  naval  forces ; 
and,  above  all,  upon  the  dispensations  of  a  beneficient  providence ;  aro 
ready  to  maintain  the  contest,  for  the  preservation  of  the  national  in- 
dependence, with  the  same  energy  and  fortitude,  wbifsh  were  display- 
ed in  acquiring  it. 

Wtukmgton,FAniarg  10, 1815 


u  ■ 


^^~?^'!^. 


m 


T7^(g5i«S^^^^Pffl»S''e»S*W*  ■ 


